News & Analysis as of September 23, 2024

Employee Rights

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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 -

Massachusetts Supreme Judicial Court Finds that Employees Cannot be Terminated Merely for Filing a Rebuttal to a Personnel Record

Morgan, Brown & Joy, LLP on 1/3/2022

On December 17, 2021, Meehan v. Medical Information Technology, Inc., the Supreme Judicial Court of Massachusetts (“SJC”) held that an employee’s filing a rebuttal to information placed in their personnel file that could...more

Massachusetts Supreme Judicial Court Rules in Favor of Worker Fired for Rebutting Negative Performance Improvement Plan

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/23/2021

On December 17, 2021, the Massachusetts Supreme Judicial Court (SJC) ruled that an employee discharged for submitting a written rebuttal to his employer in response to the placement of negative information in his personnel...more

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

Littler on 8/20/2021

In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA). Palmiter v. Commonwealth Health Sys.,...more

Pandemic-Born Rules: Nevada’s Newest Employment Laws

Littler on 6/21/2021

In its 81st Session, the Nevada Legislature passed and Governor Sisolak signed into law approximately 140 pieces of new legislation, some of which affect employers. ...more

Ontario, Canada: Court Considers Employee’s Entitlement to Commissions “Booked and Billed” after Termination but During...

Littler on 9/22/2020

A recent Ontario Superior Court decision, Kerner v. Information Builders (Canada) Inc., 2020 ONSC 2975, clarified whether an employee was entitled to commissions that were “booked and billed” after his job termination, but...more

EEOC Sues Blue Sky Vision for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 4/1/2020

Employer's Unlawful Inquiry and Termination of Employee Violated the ADA, Federal Agency Says - DETROIT -- Blue Sky Vision, L.L.C., a Delaware-based management services organization that provides support to eye care...more

Pennsylvania Court Finds Private Right of Action for Employees Under State’s Medical Marijuana Law

Littler on 2/14/2020

Following the lead of other courts around the country, a Pennsylvania state court has held that employees can bring lawsuits against their employers asserting claims under the state’s medical marijuana law. Palmiter v....more

NYC Council Considers Legislation to End At-Will Employment in the Fast Food Industry

Cozen O'Connor on 2/12/2020

The New York City Council has proposed additional legislation that would have a major impact on businesses falling within the broad definition of “fast food establishments” and has scheduled a hearing on the bills for...more

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

Seyfarth Shaw LLP on 1/23/2020

Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

NLRB Reigns In The Definition Of Concerted Activity

Seyfarth Shaw LLP on 2/21/2019

Seyfarth Synopsis: The NLRB has overturned a previous decision defining any employee’s protest in a group setting as protected concerted activity. In Alstate Maintenance, the Board has sought to adhere to the principles...more

Bakery Says Employee’s FMLA Claims Don’t Rise to the Occasion

Zuckerman Spaeder LLP on 10/11/2018

Under the Family Medical Leave Act (“FMLA”), employers are required to provide 12 weeks of unpaid leave to employees with certain family or medical issues. These issues include attending to serious health conditions that make...more

Virginia Supreme Court Refuses to Expand Bowman Doctrine for Wrongful Termination of an At-Will Employee

FordHarrison on 4/25/2017

In Bowman v. State Bank of Keysville, the Virginia Supreme Court first recognized an exception to the employment at-will doctrine based upon an employer’s violation of public policy in the discharge of an employee. In...more

Restaurant Forced to Rehire Employees Who Insinuated Food was Germ-Infested - Section 7 of the NLRA Guarantees Workers the Right...

Holland & Knight LLP on 3/31/2016

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

Be Careful What You Say During a Union Organizing Campaign

Foley & Lardner LLP on 9/16/2015

At the same time that the current National Labor Relations Board is giving employees what seems like the unfettered ability to engage in disparagement, profane outbursts, and racist comments that accompany protected union or...more

California Employment Law Notes - July 2015

Proskauer - California Employment Law on 7/17/2015

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

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