News & Analysis as of

Fair Labor Standards Act (FLSA) Wrongful Termination

Proskauer - California Employment Law

March 2023 California Employment Law Notes

No Claim By Employee Who Was Friends With Alleged Harasser Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) - Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla...more

Bradley Arant Boult Cummings LLP

Bringing Work Home: Emerging Limits on Monitoring Remote Employees

Along with the increasing number of remote work arrangements available to employees in the wake of the COVID-19 pandemic has come an exponential rise in employers’ use of employee monitoring technology. Nearly 80% of major...more

Miles & Stockbridge P.C.

Avoid Buyer’s Remorse Over EPLI Coverage

Many employers purchase Employment Practices Liability Insurance (EPLI) to insure against loss as a result of employment claims. However, employers who do not carefully read their policies could be surprised by what is (or is...more

Flaster Greenberg PC

Law @ Work Employer Newsletter - The Savvy Employer’s Guide to Legal Developments & Quirks that Affect the Workplace

Flaster Greenberg PC on

Welcome to the third edition of the Law @ Work Employer Newsletter. For those of you who read the Law @ Work blog, you know that the blog offers an in-depth analysis of important legal developments. This Newsletter fills in...more

Proskauer - California Employment Law

California Employment Law Notes - January 2018

Trial Court Erroneously Granted Bill Cosby's Anti-SLAPP Motion - Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017) - After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby's attorney...more

Payne & Fears

[Webinar] Frequently Asked Employment-Related Questions and Answers Employers Need to Know - December 8th, 10:00am MT

Payne & Fears on

Every year our clients approach us seeking legal counsel and guidance on a wide range of employment-related issues. Some of these issues are unique to a particular industry; others are common to employers in general. As this...more

Bradley Arant Boult Cummings LLP

Emotional Rescue: Fifth Circuit Recognizes Mental Distress Damages in FLSA Retaliation Claim

Can a plaintiff get emotional distress damages in a wage and hour claim? In December 2016, the Fifth Circuit issued an opinion of first impression where it found that a plaintiff filing a retaliation claim as part of an...more

McAfee & Taft

Employee says ‘Labor Board;’ Court says ‘Retaliation’

McAfee & Taft on

When does a retaliation claim under the Fair Labor Standards Act (FLSA) arise? Put another way, does an employee actually have to go to the U.S. Department of Labor before an adverse employment action in order to have a...more

Proskauer - California Employment Law

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Akerman LLP - HR Defense

Reminder To HR Professionals: You Can Be Held Personally Liable For FMLA Violations

A recent decision offers a not-so-friendly reminder to HR professionals and supervisory employees: you can be individually liable for FMLA violations if you review, approve, and correspond with employees regarding their FMLA...more

BakerHostetler

Second Circuit Defines Test for Individual Liability Under the FMLA

BakerHostetler on

In Graziadio v. Culinary Institute of America, et al., 15-888-cv (2d. Cir. Mar. 17, 2016), the United States Court of Appeals for the Second Circuit reversed the district court’s grant of summary judgment in favor of the...more

Proskauer - California Employment Law

California Employment Law Notes - January 2016

Court Reverses $1 Million Discrimination Verdict Entered Against LA Fire Department - Jumaane v. City of Los Angeles, 241 Cal. App. 4th 1390 (2015) - Jabari Jumaane, an African-American firefighter with the Los...more

Manatt, Phelps & Phillips, LLP

Employment Law - November 2015 #2

California Supreme Court to Consider "Day of Rest" Law: Why it matters - The California Supreme Court has agreed to weigh in on the number of consecutive days an employee may legally work without running afoul of...more

Mintz - Employment, Labor & Benefits...

The Second Circuit (Sort of) and the Fourth Circuit (Completely) Refuse to Apply “Manager Rule” to Title VII Retaliation Claims

The so-called “manager rule” addresses a concern that employers may face a “litigation minefield” if a manager whose very job duties required them to report discrimination complaints could later sue for retaliation if they...more

Maynard Nexsen

Fourth Circuit Rejects "Manager Rule" Exception in Title VII Retaliation Cases

Maynard Nexsen on

Title VII of the Civil Rights Act of 1964 not only prohibits discrimination based on race, color, sex, religion, and national origin, but also prohibits retaliation against individuals who oppose unlawful discrimination or...more

Constangy, Brooks, Smith & Prophete, LLP

5 Ways Employers Can Spend A Lot Less Time In Court

“An apple a day keeps the doctor lawyer away.” Here are five easy and inexpensive things that employers can do to minimize their risk of being sued and maximize their chances of victory if they do get sued. None of these...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Franczek P.C.

Second Circuit Extends FLSA Anti-Retaliation Provision to More Oral Complaints

Franczek P.C. on

On April 20, the Second Circuit filled a gap left open by the Supreme Court by extending the Fair Labor Standards Act’s (FLSA) anti-retaliation provisions to oral complaints made to an employer (rather than just complaints...more

Proskauer Rose LLP

California Employment Law Notes - January 2015

Proskauer Rose LLP on

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award - State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc). Angela Aguilar who worked in a copper mine...more

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