News & Analysis as of

Reversal Hiring & Firing Remand

Parker Poe Adams & Bernstein LLP

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

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

DirectEmployers Association

Unanimous Appellate Court Struck Down ALJ Decision Finding Baltimore Enterprise Rent-a-Car Guilty of Unlawful Race Discrimination:...

In an unforgiving decision, a unanimous Administrative Review Board of the USDOL reversed and remanded the entirety of the 2019 Recommended Decision and Order of USDOL Administrative Law Judge Morris Davis. In doing so, the...more

DirectEmployers Association

OFCCP Week In Review: May 2022 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Holds That Statutes Do Not Constitute “Rules or Regulations of the SEC” for Purposes of Sarbanes-Oxley Act...

In Wadler v. Bio-Rad Laboratories, Inc., No. 17-16193, 2019 WL 924827 (9th Cir. Feb. 26, 2019), the United States Court of Appeals for the Ninth Circuit held that statutes, including the Foreign Corrupt Practices Act...more

Fisher Phillips

Federal Appeals Court Expands Joint Employer Liability Theory For Agricultural Employers

Fisher Phillips on

A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more

Payne & Fears

Key California Employment Law Cases: November 2018

Payne & Fears on

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

Roetzel & Andress

How Much Is A Good Name Worth? Ohio Supreme Court Says Damages For Defamation Are Capped

Roetzel & Andress on

In a 4-2 decision, the Ohio Supreme Court has held that Ohio’s statutory cap on noneconomic damages applies to defamation claims.[1] In light of the Court’s ruling, a $1.55 million jury award obtained by Ann Wayt, a former...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

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

Seyfarth Shaw LLP

Texas Supreme Court Tosses Former Employee’s Defamation Suit Based on Matters of Public Concern Under the TCPA

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Texas Supreme Court throws out a former employee’s defamation suit under the Texas Citizens Participation Act, finding that communications about his alleged failure to measure a petroleum storage tank...more

Holland & Knight LLP

Seventh Circuit Clarifies Evidentiary Standard for Employment Discrimination Claims

Holland & Knight LLP on

In Ortiz v. Werner Enterprises, Inc., the U.S. Court of Appeals for the Seventh Circuit clarified its standard for evaluating evidence in employment discrimination cases and rejected prior decisions to the extent they...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Replace Employee Does Not Defeat Discriminatory Termination Claim

When a terminated employee alleges that her firing resulted from discrimination or retaliation, employers often dispute those claims by noting that the employer never hired anyone to take the terminated employee’s position....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Motor Carrier's Defense in Refusing to Hire Driver Diagnosed with Narcolepsy

The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide