News & Analysis as of September 18, 2024

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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 -

Court of Appeals for the Tenth Circuit Rules That Secretly Recording Co-Workers Dooms Retaliation Claim

Epstein Becker & Green on 9/11/2024

The Tenth Circuit recently reaffirmed that employers may lawfully enforce a policy against surreptitious recordings. In Spagnolia v. Charter Communications, LLC, the United States Court of Appeals for the Tenth Circuit...more

Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes,...

Littler on 8/14/2024

Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases...more

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

Parker Poe Adams & Bernstein LLP on 3/29/2024

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

Unpacking California’s 2024 Employment Laws: Key Changes Employers Need to Know

Troutman Pepper on 12/14/2023

California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations,...more

Financial Daily Dose 1.23.2020 | Top Story: Tesla Becomes World’s Second Most Valuable Auto Maker

Robins Kaplan LLP on 1/23/2020

Malware goes commercial. Last year, Jeff Bezos’ phone was hacked after he received a message on WhatsApp containing a line of malware code. The incident has shed light on the malware, aka spyware, industry. Companies sell...more

$2M Jury Award to Employee Vacationing While on Medical Leave Highlights Pitfalls for Employers

McGuireWoods LLP on 6/26/2019

It is no secret that employees sometimes abuse benefits under the Family and Medical Leave Act (FMLA). Nor is it a secret that pitfalls abound for employers trying to limit such abuse while accommodating legitimate needs for...more

Do heterosexuals have Title VII rights?

Constangy, Brooks, Smith & Prophete, LLP on 1/11/2019

Bonnie O'Daniel was a Human Resources manager (remember that!) at a workplace in Louisiana. One day in April 2016, she went shopping at a well-known national retail store and encountered a transgender woman in the dressing...more

Key California Employment Law Cases: November 2018

Payne & Fears on 12/18/2018

This month’s key employment law cases address nonsolicitation provisions and arbitration agreements. AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923, 239 Cal. Rptr. 3d 577 (2018) Summary:...more

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger LLP on 6/22/2018

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

EEOC Sues Georgina’s Taqueria for Sexual Harassment and Retaliation

U.S. Equal Employment Opportunity Commission... on 6/18/2018

Restaurant Owner Harassed Female Workers, Terminated Sous Chef for Reporting Harassment, Federal Agency Charges - INDIANAPOLIS - Georgina's, LLC, dba Georgina's Taqueria, an Asian and Latin "Fusion Cuisine" restaurant...more

New Mexico Supreme Court Rejects a Heightened Evidentiary Burden on a Plaintiff in a Reverse Race Discrimination Case

Littler on 3/14/2018

In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more

California’s Labor & Employment Changes for 2018: Part I - Legislative Changes Impacting Employers

Best Best & Krieger LLP on 2/21/2018

California courts and Legislature greatly expanded protections for public and private workers in 2017, handing down decisions and passing laws regarding wages, discrimination based on criminal and salary histories,...more

New Employment Laws Will Require Changes for Most Employers in 2018

Farella Braun + Martel LLP on 11/20/2017

The 2017 California legislative session resulted in several new laws that will affect employers’ day-to-day operations and policies in 2018. Some of these new laws, including bans on criminal history and salary history...more

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

Franczek P.C. on 10/4/2017

Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez

Cozen O'Connor on 7/20/2017

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode presents the first of two parts of a timely and...more

The Northern District of New York Applies the “Reasonable Belief” Standard

Proskauer - Whistleblower Defense on 5/25/2017

On May 11, 2017, the Northern District of New York applied the Second Circuit’s standard for evaluating a Dodd-Frank retaliation claim in response to a motion to dismiss under F.R.C.P. Rule 12(b)(6). The court denied the...more

Social Media Lesson for Employers: Recent $1.5 Million Retaliatory Discharge Verdict

Burr & Forman on 5/16/2017

On May 11, 2017, a federal jury in Charlotte, North Carolina awarded a former fire department employee, Crystal Eschert, a $1.5 million verdict in a retaliatory discharge lawsuit that teaches powerful lessons in today’s...more

American Dental Association to Pay $1.95 Million to Resolve EEOC Discrimination Finding

U.S. Equal Employment Opportunity Commission... on 4/24/2017

Federal Agency Found Reasonable Cause to Believe Two Association Execs Were Discharged in Retaliation for Voicing Concerns About Potential Discrimination - CHICAGO - The American Dental Association, which is...more

OSHA Publishes Final Rule re ACA Retaliation

Miller Canfield on 10/18/2016

Employers making discharge and discipline decisions must consider past employee statements or conduct regarding employment health and benefit plans. The Occupational Safety and Health Administration (OSHA) recently issued its...more

Employee fired while on FMLA leave: Why it was OK

McAfee & Taft on 10/7/2016

Don’t get me wrong: Firing an employee while they are on a Family and Medical Leave Act (FMLA) absence is dicey. But, as a recent federal appeals court decision that covers Oklahoma employers demonstrates, there are...more

This Cold Bud Is For You: SEC Sanctions Anheuser-Busch for “Chilling” Employee from Communicating with SEC

Orrick, Herrington & Sutcliffe LLP on 9/30/2016

On September 28, 2016, the SEC announced that Anheuser-Busch agreed to pay $6 million to settle charges of Foreign Corrupt Practices Act and Dodd-Frank whistleblower violations. The SEC’s order stated that AB InBev violated...more

Anheuser-Busch InBev and Lessons in Joint Venture FCPA Compliance

Thomas Fox - Compliance Evangelist on 9/30/2016

Just in time for National Beveridge Day comes the Foreign Corrupt Practices Act (FCPA) enforcement action involving Anheuser-Busch InBev (ABI), where the company paid $6 million to settle charges that it violated the FCPA and...more

Transgender Video Game Industry Employee Converted to Independent Contractor Status Raises Misclassification and Discrimination...

Troutman Pepper on 5/31/2016

A prominent Washington State video game company, Valve Corporation, creator of Half-Life, Counter-Strike, and Left 4 Dead, has been sued by a former employee it converted into an independent contractor as an accommodation to...more

Supreme Court’s Constructive Discharge Decision Makes Sense for Employers and Employees

Constangy, Brooks, Smith & Prophete, LLP on 5/27/2016

Monday’s Supreme Court decision in Green v. Brennan, holding that the time for an employee to bring a constructive discharge claim begins running from the date that resignation is tendered, will probably make timeliness...more

Where Have You Gone Dennis Kozlowski? Third Circuit Dismisses Tyco Employee’s Whistleblower Claim Over Excessive Corporate...

Orrick - Employment Law and Litigation on 2/9/2016

On February 2, 2016, the Third Circuit affirmed the dismissal of a long-running SOX whistleblower suit filed by Jeffrey Wiest, a former accounts payable manager for Tyco Electronics. The decision is the first in which the...more

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