Polsinelli Podcast - What Your Company Needs to Know About Whistleblower Claims
How Might Your Company be Affected by West Virginia's Employment Law Changes?
To Be or Not To Be (an Employer)
Can an employer require drug testing in the workplace?
FCPA Compliance and Ethics Report-Episode 137, interview with Loren Steffy
Do Employers Have to Pay For All Time Worked?
AB1825 Training and Anti-Harassment and Discrimination Training
Polsinelli Podcasts - What Employers Need to Know about Mediation and Arbitration
Has the Affordable Care Act influenced COBRA? What if my employer fails to offer COBRA?
Polsinelli Podcasts - The Virtual World and Wage and Hour Issues
Why Cyber Security?
Building an Anti Corruption Compliance Program Practical Steps 2 18 14, 9 02 AM
Internal Investigations: Soup to Nuts (March 13, 2014)
How Can You Better Protect Yourself with the Escalating Trend of FCPA Enforcement?
Employment Law Issues for Health Care Employers
Employee Benefits Issues in California Following the U.S. Supreme Court's Same-Sex Marriage Decisions
Potential Employer Liability for Late Manifesting Occupational Diseases
Polsinelli Podcasts - Best Kept Secrets of the Americans WIth Disabilities Act
Polsinelli Podcasts - Workplace Bullying: What Employers Need to Know
Friedman: Abramson Dismissal a 'Teachable Moment' for Companies
In Deborah Hansler v. Lehigh Valley Hospital Network, the United States Court of Appeals for the Third Circuit overturned a motion to dismiss granted to Lehigh Valley based on FMLA regulations and its interpretation regarding...more
When an employer has a denial of class certification remanded by an appellate court, it has a reason to worry. And while the employer might breathe a sigh of relief when the district court on remand again denies class...more
On June 24th, Wisconsin’s supreme court decided that the discovery rule—that is, the rule that a tort claim for which the legislature has provided no other rule “accrues” for statute-of-limitations purposes when the plaintiff...more
Last week, the Second Circuit heard oral arguments in Berman v. Neo@Ogilvy, a case that places squarely before the Court the question of who is a “whistleblower” within the meaning of the Dodd-Frank Act Wall Street Reform and...more
On June 3, 2015, the California Labor Commissioner ruled that a San Francisco-based driver for the popular ride coordination service Uber Technologies, Inc. (“Uber”), was an employee rather than an independent contractor....more
In a somewhat unexpected, but not that surprising, ruling, the California Labor Commissioner, on June 3, 2015, issued a 12-page decision in favor of a pro se plaintiff driver against mighty Uber Technologies, Inc. for...more
We previously blogged about the NLRB’s relatively shocking September 2012 decision in Finley Hospital (359 NLRB No. 9), in which the Board held that an employer was required to continue providing wage increases after the...more
In Verdugo v. Alliantgroup, L.P., the California Court of Appeal held that a forum selection clause in an employment agreement was unenforceable because the employer could not prove that the employee’s rights under the...more
The Railway Labor Act (RLA) did not require Allegiant Air to maintain the status quo with respect to work rules negotiated with an uncertified employee advocacy group during bargaining for a first contract with the Teamsters,...more
In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers...more
In Bodle v. TXL Mortgage Corp., No. 14-20224 (June 1, 2015), the Fifth Circuit Court of Appeals held that a generic, broad-form settlement release between an employer and two of its former employees did not bar those...more
California courts generally favor forum selection clauses entered into freely by parties and where enforcement is not unreasonable. This general principle is true even if the forum selection clause is “mandatory” and requires...more
On June 1, 2015, the California Court of Appeal (Second Appellate District) in Noe v. Superior Court of Los Angeles (Levy) (Case No. B259570) extended the scope of liability under California Labor Code section 226.8....more
The Ninth Circuit Court of Appeals recently broadened California's already expansive interest in promoting employee mobility by voiding any contract provision imposing a meaningful obstacle to a California resident's ability...more
In Noll v. Int’l Bus. Machs. Corp., 13-cv-4096 (2d Cir May 21, 2015), the Second Circuit Court of Appeals addressed the extent to which, under the ADA and New York State law, an employee must be provided with the precise...more
In a unanimous decision, a panel of the United States Court of Appeals for the Ninth Circuit reversed a preliminary injunction arising out of an airline's alleged violation of the status quo provisions of the Railway Labor...more
A state appellate court in California reversed a trial court’s decision to deny defendant Santa Lucia Preserve Company’s (“Santa Lucia”) motion to compel arbitration, holding that plaintiffs failed to prove that the...more
For the second time, the Fourth Circuit has determined that African-American employees at a South Carolina steel plant are entitled to Rule 23 class certification. In Brown v. Nucor Corporation and Nucor Steel-Berkeley,...more
Despite consistent direction from the United States Supreme Court that courts should look at "all the circumstances" in determining whether a workplace environment is sufficiently hostile or abusive to give rise to an...more
In yesterday’s post, I talked about the case of Tomick v. UPS in looking at the prima facie case for disability discrimination.
But the new Appellate Court case may be even more significant for its discussion of...more
A new California appellate court decision provides much needed guidance regarding the proper scope of discovery in representative actions brought under the California Private Attorneys' General Act of 2004 (PAGA), Cal. Lab....more
For years, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) set a high bar for plaintiffs suing for workplace harassment. The court rejected multiple claims involving obnoxious and crude...more
Last week, the Seventh Circuit Court of Appeals affirmed a willful OSHA citation against an employer that delayed calling for emergency services for 90 minutes after an employee became trapped in a permit-required confined...more
On May 7, 2015, the U.S. Court of Appeals for the Fourth Circuit (covering Virginia, North Carolina, South Carolina, West Virginia and Maryland) issued an opinion that potentially makes it easier for employees to survive...more
A recent decision of the U.S. Court of Appeals for the Fourth Circuit (the federal appeals court that covers Virginia, North Carolina, West Virginia, Maryland, and South Carolina) reconfirms what many employers have long...more
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