News & Analysis as of September 23, 2024

Hiring & Firing › Appeals

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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 -

Texas Federal Judge Strikes Down FTC Non-Compete Ban

Quarles & Brady LLP on 8/23/2024

Judge Ada Brown of the U.S. District Court for the Northern District of Texas on Tuesday struck down the Federal Trade Commission’s (FTC) pending ban on non-compete covenants, concluding that the issuance of the FTC’s Rule...more

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

Holland & Hart - Employers' Lawyers on 8/19/2024

In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more

Ninth Circuit Holds a Second Medical Opinion Is Not Necessary to Challenge an Employee’s Entitlement to FMLA Leave

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/9/2024

The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity of obtaining a second...more

NLRB Abandons Controversial Joint Employer Rule – But Employers Aren’t Necessarily Out of the Woods

Fisher Phillips on 7/30/2024

The controversial joint employer rule that would have made it far easier for workers to be considered employees of more than one entity is now dead once and for all – but that doesn’t mean employers should let their guard...more

Michigan Supreme Court Expands Liability Under Anti-Discrimination Statute; Endorses Third-Party Retaliation Theory

Miller Canfield on 5/14/2024

“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...more

Littler Lightbulb: April Appellate Roundup

Littler on 5/6/2024

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

Parker Poe Adams & Bernstein LLP on 2/23/2024

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

Starbucks Union Dispute Reaches Supreme Court

Benesch on 1/23/2024

On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more

British Columbia Appeal Court Upholds Finding That Employee’s Surreptitious Recording of Conversations with Colleagues Justified...

Littler on 12/18/2023

In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373, the British Columbia Court of Appeal (BCCA) upheld the lower court’s dismissal of an employee’s wrongful dismissal claim and its finding that his surreptitious...more

Franchisor 101: Franchisor Cannot Massage its Way Out of Vicarious Liability

Lewitt Hackman on 12/1/2023

A Texas court of appeals affirmed judgment in favor of a plaintiff who claimed a franchisor was vicariously liable for a franchisee’s employee’s wrongful conduct....more

Federal Appeals Court Expands Employee Retaliation Options: 3 Steps Employers Can Take to Prepare

Fisher Phillips on 11/20/2023

A federal appeals court recently expanded the set of options available to employees who bring retaliation claims against their employers or former employers. This major workplace discrimination decision from the 11th Circuit...more

Here Are the Top 10 New Laws Coming Soon to California Workplaces and 5 Key Bills the Governor Surprisingly Vetoed

Fisher Phillips on 10/16/2023

California employers know that the new year inevitably brings new workplace laws that are finalized at the end of the state’s legislative session in the fall. This year, state lawmakers considered over 2,700 bills – the most...more

Fifth Circuit Overturns Employer-Friendly Limitations on Title VII Claims

Dechert LLP on 9/1/2023

Employees in Louisiana, Mississippi, and Texas can now state a Title VII disparate-treatment claim if they plead discrimination in hiring, firing, compensation, or the “terms, conditions, or privileges of employment.” An...more

Fifth Circuit Expands Universe of Title VII Actionable Adverse Employment Actions

Proskauer - Law and the Workplace on 8/30/2023

On August 18, 2023, the U.S. Court of Appeals for the Fifth Circuit expanded the types of employment actions that may constitute “adverse employment action” under Title VII in Hamilton v. Dallas Cnty., 5th Cir. en banc. No....more

Fifth Circuit Expands the Scope of Federal Antidiscrimination Laws

Butler Snow LLP on 8/24/2023

On August 18, 2023, the full Fifth Circuit Court of Appeals expanded the range of negative employer actions that can serve as a basis for an employment discrimination lawsuit. This decision overruled established precedent...more

Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims

Sheppard Mullin Richter & Hampton LLP on 8/22/2023

Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth...more

Can someone be fired for having explicit photos on their work computer?

Ius Laboris on 7/6/2023

An employee in Luxembourg was fired when another employee inadvertently found sexually explicit photos stored on a work computer. The Luxembourg Court of Appeal has now provided guidance employers should bear in mind when...more

Calif. FCRA Ruling Boosts Technical Claim Defense

Troutman Pepper on 6/30/2023

A significant decision from a California state appeals court has shifted the legal landscape for technical Fair Credit Reporting Act claims brought in California state court in favor of defendants. Originally published in...more

Patience is a Virtue: NJ Appellate Division Affirms Settlement of Discipline Bars Recovery Under the NJLAD

Genova Burns LLC on 6/21/2023

On May 1, 2023, in Onukogu v. New Jersey State Judiciary, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s grant of summary judgement in favor of the employer, affirming the dismissal of the...more

New Jersey Appellate Division Rules Termination Of An Older Employee Is Not Always Age Discrimination

Genova Burns LLC on 6/15/2023

On May 26, 2023, the New Jersey Appellate Division in Kalloo v. New York New Jersey Rail, LLC affirmed summary judgment in favor of the employer finding there was no evidence that age played any role in the termination of the...more

California Supreme Court Adopts Broader Definition of “Disclosure” Under State Whistleblower Law

Sheppard Mullin Richter & Hampton LLP on 6/7/2023

In People ex rel. Garcia-Brower v. Kolla’s, Inc., the California Supreme Court resolved a split between the Courts of Appeal for the First and Second Districts over whether a protected “disclosure” under Labor Code section...more

Interpretation of an Interpreter Request? 11th Circuit Weighs in on Accommodation of Deaf Employee

Bradley Arant Boult Cummings LLP on 5/31/2023

Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more

Fourth Circuit Delays Arguments in Religious Discrimination Case for Pending Supreme Court Decision

Parker Poe Adams & Bernstein LLP on 5/4/2023

Over the past decade, federal courts have repeatedly reviewed religious-affiliated employers' ability to avoid federal discrimination claims. Courts recognize a "ministerial exception" that prevents discrimination claims by...more

NJ Appellate Division Rules No Age or Disability Bias in Termination of 60-Year-Old Employee

Genova Burns LLC on 4/17/2023

On March 29, 2023, the New Jersey Appellate Division affirmed an employer’s win after a former employee claimed he was fired on the basis of his age and disability. In Estate of Zoto v. Cellco Partnership d/b/a Verizon...more

Good Faith Defense Precludes Final Pay and Wage Statement Penalties

Venable LLP on 3/24/2023

The California Court of Appeal recently issued an opinion that brings good news to employers in connection with California's draconian penalties for late payment of final wages....more

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Hiring & Firing › Appeals

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