News & Analysis as of September 24, 2024

Former Employee

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Littler Lightbulb: July Appellate Roundup

Littler on 8/5/2024

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more

N.C. Federal Court Allows Former Employee’s Disability Claims to Proceed to Trial

Womble Bond Dickinson on 1/22/2020

A North Carolina federal trial court recently denied an employer’s request to dismiss a former employee’s disability discrimination and retaliation claims under the Americans with Disabilities Act (“ADA”). The case provides a...more

California Employment Law Notes - May 2019

Proskauer - California Employment Law on 5/17/2019

Strict Independent Contractor Test Applies Retroactively - Vazquez v. Jan-Pro Franchising Int'l, 2019 WL 1945001 (9th Cir. 2019) - Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4...more

Absolut Care to Pay $465,000 To Settle EEOC Pregnancy and Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 10/25/2018

Health Care Company Failed to Accommodate and Instead Fired Pregnant Employees and Employees With Disabilities, Federal Agency Charged - BUFFALO, N.Y. - Absolut Facilities Management, LLC, doing business as Absolut Care...more

Otto Candies to Pay $165,000 to Resolve EEOC Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 8/24/2018

Marine Transportation Provider Fired Deckhand Because of His Recurrent Pancreatitis, Federal Agency Charged - NEW ORLEANS - Otto Candies, LLC has agreed to pay a former employee $165,000 and provide other relief to settle...more

Court: Disabled or not, worker must be able to perform essential job functions

McAfee & Taft on 6/28/2018

The federal appeals court that covers Oklahoma recently ruled in favor of Walmart in a lawsuit filed by a disabled former employee. Disabled maintenance employee terminated after refusing to clean restrooms - Simone...more

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

Fisher Phillips on 6/21/2018

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more

Food and Beverage Law Update: June 2018

Holland & Knight LLP on 6/12/2018

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

California Employment Law Notes - March 2018

Proskauer - California Employment Law on 3/23/2018

Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered - Simers v. Los Angeles Times Commc'ns, LLC, 18 Cal. App. 5th 1248 (2018) - T.J. Simers, a well-known sports...more

Another Severance Agreement Bites the Dust: EEOC Continues Its Campaign against Provisions that Preclude Talking to the Government

Bradley Arant Boult Cummings LLP on 2/7/2018

Ever wonder why the severance agreement that I (or your other favorite employment lawyer) send you says “nothing in this Agreement prevents Employee from filing a charge with the EEOC” (or words to that effect)? I mean, isn’t...more

Pioneer Health Services to Pay $85,000 To Settle EEOC Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 1/11/2018

Mississippi Health Care Company Illegally Fired Employee After She Underwent Liver Transplant Surgery, Federal Agency Charged - JACKSON, Miss. -- Pioneer Health Services, Inc., a Mississippi corporation that provides...more

State Employment Laws That Every Virginia Employer Should Know

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/28/2015

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard...more

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