Employer Liability Issues

News & Analysis as of

Predicting the Future? Proposal Would Require Set Schedules by Employers Or Else

Over the last few weeks, I’ve heard lots of grumbling about the employment law proposals being floated at the Connecticut General Assembly. But it wasn’t until recently, that I understood how serious one proposal is....more

Court, Applying Pennsylvania And California Law, Declines To Enjoin Alleged Violation Of Worldwide Non-Compete

A non-competition covenant prohibited employees of Adhesives Research (AR), a company based in Pennsylvania, from performing services for a competitor of AR anywhere in the world for two years after termination. Newsom, AR’s...more

Federal Court Approves EEOC Subpoena in Investigation of Union Pacific

Agency Can Use Subpoena to Continue Investigation of Discrimination Even After Complainants' Private Lawsuit Has Been Dismissed - MILWAUKEE - A federal judge has approved a subpoena allowing the U.S. Equal Employment...more

Wisconsin Supreme Court: Continued Employment Is Lawful Consideration for a Non-Compete

On April 30, 2015, the Wisconsin Supreme Court took a stand on a hot-button for employers by holding that continued at-will employment is legal consideration that will support a reasonably drafted restrictive covenant signed...more

Quirky Question #259, The FMLA and the ADA: Joined at the Hip

Question: I work in my company’s HR department and we just had an employee ask for additional time off, even though we’ve already given the employee a bunch of time off we are required to under the FMLA. I wanted to...more

The ‘interactive process’ for handling work restrictions during pregnancy

Our first segments in our six-part series on pregnancy in the workplace focused on how the ADA, FMLA and PDA apply in the workplace to employees before, during, and after pregnancy and child birth. In this segment, we narrow...more

"Equal" Means "Equal in Substance," Not "Equal in Form"

We noted several weeks ago that the Ellen Pao case reminds us that sometimes settlement is better than the airing of sensitive allegations, and sometimes outrageous settlement demands require an aggressive defense, media...more

Supreme Court’s Decision in Mach Mining Impacts Employers’ Approach to Conciliation with the EEOC

In a case that has implications for every employer and respondent on each charge in which the Equal Employment Opportunity Commission (“EEOC”) finds reasonable cause to support the allegations, the U.S. Supreme Court...more

Whistleblower Files Lawsuit Against JC Penney

A former part-time employee of department store JC Penney filed a retaliation claim, saying they were fired after alerting authorities that the retailer was overcharging its customers. This is just the most recent bad news...more

Can Employers Refuse to Cover Spouses?

The Affordable Care Act (“ACA”) requires employers to cover dependents (meaning children) until they turn 26 years old, or pay a penalty. 42 U.S.C.A. § 300gg-14. However, the ACA does not require employers to cover spouses....more

Texas Supreme Court weekly orders (5/15)

In its weekly orders, the Texas Supreme Court issued one opinion and granted two cases for review. The opinion is in No. 13-0439, Ross v. St. Luke's Episcopal Hospital. In this case, a hospital visitor slipped on a wet...more

Arrival of Intern Season Means Prep Work For Employers is Key

With summer right around the corner, many high school and college students are preparing to begin unpaid internship programs at companies across the country. Such programs have long been considered a staple for U.S....more

Caltrans Liable for Failure to Properly Address Employee’s Requests for Accommodation

Kamali v. California Department of Transportation, No. B247756 (March 17, 2015): In an unpublished opinion, the California Court of Appeal recently upheld a jury’s verdict finding the California Department of Transportation...more

California Court of Appeal Reminds Employers About the Importance of Thorough Harassment Investigations

Dawson v. Country Club of Rancho Bernardo, No. D064654 (March 23, 2015): In an unpublished opinion, a California Court of Appeal reversed an order granting summary judgment in favor of the employer, Country Club of Rancho...more

[Event] Sheppard Mullin's Spring 2015 Labor & Employment Law Update - May 5, New York, NY

Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including: - Leading Court Decisions and Key Legislative Developments in 2015 - Psychological Disabilities...more

California Court Finds Arbitration Agreement Did Not Unlawfully Limit Judicial Review

Valdez v. Santa Lucia Preserve Co., No. H040685 (March 23, 2015): In an unpublished opinion, the California Court of Appeal for the Sixth Appellate District overturned a trial court’s ruling denying an employer’s motion to...more

Employers Beware in Race Discrimination Cases

Several recent cases highlight the fact that employers should think twice before failing to properly address a Title VII complaint. Failing to do so may result in their winding up in a jury trial. That fact is most recently...more

California Confectioner Defeats Worker’s Age Discrimination Claim

Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a...more

Complaint to a Harassing Supervisor Is Enough to Support a Title VII Retaliation Claim

An employee’s harassment complaint made directly to the harassing supervisor can be sufficient “protected activity” to support a Title VII retaliation claim, the 6th Circuit ruled last week in EEOC v. New Breed Logistics....more

Sixth Circuit Finds that Verbal Demand to Supervisor to Cease Harassing Behavior is Protected Activity Under Title VII

Most practitioners know that Title VII prohibits retaliation against any employee because he or she “opposed any practice made an unlawful employment practice [by the statute].”...more

Contracts Can Impose High Liquidated Damages in Some Cases

A few volumes ago, we wrote about the scope and enforceability of liquidated damages provisions in contracts, indicating that these provisions may only be enforced by courts where (i) the damages amount is not so unreasonably...more

Florida Poised to Become Next State to Outlaw Pregnancy Discrimination

On April 24, 2015, the Florida Legislature passed a bill banning discrimination against pregnant women at work and in public places. While passing unanimously in the Florida Senate and receiving near-unanimous passage in the...more

Hospitals Are Still In The OFCCP's Crosshairs

On February 12, 2015, U.S. Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) underscored its intent to continue to scrutinize hospitals, including nonprofit hospitals. The OFCCP found that Lahey Clinic...more

Automobile Service Advisers Are Not Exempt Under the FLSA—At Least Not According to the Ninth Circuit

Navarro v. Encino Motorcars, LLC, No. 13-55323 (March 24, 2015): The plaintiffs in Navarro v. Encino Motorcars, LLC were “service advisors” at a Mercedes Benz dealership. The main duties of service advisors are to evaluate...more

Supreme Court Requires Review Of EEOC Conciliation Effort

Before suing an employer for discrimination, the Equal Employment Opportunity Commission (“EEOC”) must try to remedy unlawful workplace practices through informal methods of conciliation. The EEOC sued Mach Mining in federal...more

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