News & Analysis as of September 20, 2024

Hiring & Firing › Preponderance of the Evidence

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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 -

SCOTUS to Ponder Proof in Wage Misclassification Case: 5 Steps for Employers to Comply with Overtime Exemption Rules

Fisher Phillips on 7/5/2024

What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more

California Supreme Court Lowers the Bar for Plaintiffs in Whistleblower Act Claims

Fisher Phillips on 2/2/2022

The California Supreme Court just made things a bit more difficult for employers by lowering the bar and making it easier for disgruntled employees and ex-employees to bring state whistleblower claims against businesses. The...more

NLRB Finds Employer Lawfully Terminated “Known” Union Supporter Despite Finding Its Justification Was Pretextual

Proskauer - Labor Relations Update on 8/12/2019

In a 2-1 decision issued on August 2, 2019, the National Labor Relations Board (the “Board”) in Electrolux Home Products, Inc., 368 NLRB No. 34 (2019) reversed an Administrative Law Judge’s (“ALJ”) decision, and held that...more

6th Circuit Credits Documentation in Age Discrimination Case

Butler Snow LLP on 2/7/2019

As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more

Chris Lazarini Comments on Direct vs. Circumstantial Evidence in Discrimination Case

Bass, Berry & Sims PLC on 8/30/2017

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a former financial advisor of JPMS claimed his employment was terminated based on racial discrimination. Through application of the three-part burden...more

Third Circuit Clarifies Plaintiff’s Burden of Proof for USERRA Claims

Seyfarth Shaw LLP on 12/22/2016

Seyfarth Synopsis: The Third Circuit held that, in a failure-to-promote USERRA case, plaintiffs need not plead or prove that they are objectively qualified for the position sought in order to meet their initial burden of...more

Intellectual Property Law - October 2016

Manatt, Phelps & Phillips, LLP on 10/26/2016

Federal Circuit After Stryker/Halo - Why it matters: On June 13, 2016, the U.S. Supreme Court decided the consolidated cases of Stryker Corp. v. Zimmer, Inc. and Halo Electronics, Inc. v. Pulse Electronics, Inc. and, as...more

Job Applicant Was Rejected Due to Dishonesty, Not Prior Lawsuit, Says Sixth Circuit

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/18/2016

On April 8, 2016, the Sixth Circuit Court of Appeals affirmed a judgment in favor of an employer in Hance v. BNSF Railway Company, a failure-to-hire retaliation case brought under the Uniformed Services Employment and...more

The New York City Commission on Human Rights Releases Enforcement Guidance on the Stop Credit Discrimination in Employment Act

Mintz - Employment, Labor & Benefits... on 9/11/2015

Last week, the Stop Credit Discrimination in Employment Act became effective. It amended the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee or applicant’s...more

NYC Commission on Human Rights Releases Interpretive Enforcement Guide for the SCDEA

Morgan Lewis on 9/10/2015

The Commission’s guide outlines narrow interpretation and recordkeeping requirements for employers seeking exemptions to the SCDEA, as well as guidance on enforcement and penalties for SCDEA violations....more

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Hiring & Firing › Preponderance of the Evidence

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