News & Analysis as of

5 Key Employment Law Challenges for In-House Counsel

5 employment law challenges that in-house counsel will face in the coming year and how to get out ahead of them....more

Dodd-Frank Does Not Bar Arbitration Of Claims If Arbitration Agreement Does Not Exempt Dodd-Frank Whistleblower Claims

The Fourth Circuit affirmed order from the United States District Court for the Eastern District of Virginia compelling arbitration of former employee’s federal claims under the Age Discrimination in Employment Act (ADEA),...more

Developments in Tennessee, Alabama, and Federal Employment Law

Effective July 1, 2014, a new law (T.C.A. § 29-39-104) changes the exposure for Tennessee employers subject to the Tennessee Human Rights Act (“THRA”) and the Tennessee Public Protection Act (“TPPA”). The law limits...more

Mediating in a Changing Landscape: Whistleblower and Retaliation Claims

Whistleblower and retaliation claims are on the rise. Retaliation claims now comprise 41% of the more than 93,000 discrimination charges filed in 2013, according to a February report from the U.S. Equal Employment Opportunity...more

Panel Discussion: Investigations and Employee Discipline

Hypothetical #1: Company provides accounting and consulting services to businesses, including some public companies. Erin (Employee) has worked for Company for 12 years and has acceptable performance reviews. She has...more

UK Employment Law and Share Incentive Developments - Spring 2014

Changes to LLP member taxation and employee incentive schemes could have wide ranging implications for UK employers. Background – As always 6 April means a new UK tax year and a raft of employment and...more

Whistleblowing and Data Privacy in France: A New Pragmatic Approach for Employment and Discrimination Claims

The French data protection authority has extended the scope of whistleblowing protections to employment and discrimination claims. ...more

Trends in New Jersey Employment Law - February 2014

Appellate Division Roundup - In recent months, New Jersey's Appellate Division has rendered three significant employment law decisions. State v. Saavedra, No. A-1449-12T4, 2013 N.J. Super. LEXIS 185 (App. Div....more

Trends In N.J. Whistleblowing And Retaliation Law – 2013 Roundup

2013 was a busy year for whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy statutory and judicial developments for employers to consider in the new year....more

New Year Means New Laws for Public Employers in California

Like death and taxes, new employment laws are inevitable with each new year. In 2014, public employees are facing a bevy of new laws, including those that address leave, discrimination and retirement benefits and those that...more

What 2013 Gifts will Employers be Enjoying well into 2014?

The holidays have come and gone. I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for. I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins....more

Ringing in the New Year: A Summary of New California Employment Laws for 2014

California’s 2012-2013 Legislative Session concluded with the enactment of a variety of new laws that will affect California employers. In light of these developments, summarized below, California employers should review...more

California Employment Law Update: What’s New for 2014

The California Legislature was unusually active this year. Significantly, California increased the state minimum wage, created new “unfair immigration-related practices,” and expanded protections for whistleblowers. All laws...more

Proposed Law Would Amend New Jersey Employment Discrimination And Whistleblower Laws To Protect Interns

Legislation proposed by a member of the New Jersey Senate would amend the Law Against Discrimination, Conscientious Employee Protection Act, and Worker Freedom from Employer Intimidation Act to extend legal protections and...more

December 2013's review of the year

Sandra Wallace, Partner and Employment group head, highlights the most important legislative and case law developments from 2013 and identifies the key cases to watch out for in 2014. ...more

How to Protect Yourself Against a Wrongful Termination Lawsuit

The salesman you hired about six months ago just doesn’t seem to be working out. He’s not meeting his numbers and he hasn’t picked up on your concern regarding his performance. Moreover, some of the female employees in the...more

Your Greatest Risk: Retaliation Claims

Let’s start with the statistics. Last year, there were 99,412 EEOC charges filed; 37,836 of them – more than one out of every three – asserted retaliation. Put differently, more charges of retaliation were filed than any...more

Appellate Court Limits Relief for Whistleblowers But Opens the Door in Discrimination Cases

Not every case can be a U.S. Supreme Court case filled with sweeping pronouncements on employment law. ...more

At-Will Employment

What does “at-will” employment mean: You might be inclined to think that it means that employees serve at the will of the master, or at the master’s pleasure. While this historically makes sense, “at-will” employment is...more

California Employment Law Notes - March 2013

In this Issue: - California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases, Harris v. Superior Court, 56 Cal. 4th 203 (2013) - Employee Who Exhausted Four Months Of...more

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more

Weekly Law Resume - February 7, 2013: Protection for Whistleblowers Extended From Employers to Violations by Third Parties,...

Brian McVeigh v. Recology San Francisco et al. Court of Appeal, First District (January 31, 2013) Under the California False Claims Act (“CFCA”), whistleblowers are given protection when they disclose information to...more

Proposed New York City Law Would Be First in Nation to Provide a Private Right of Action for Discrimination Against the Unemployed

The New York City Council recently passed a proposed law (Bill 814-A) that would prohibit employers in the city from discriminating against unemployed individuals. Although Mayor Bloomberg has promised to veto the bill, the...more

Skadden's 2013 Insights: Global Litigation

New legal ground is expected to be broken this year in areas of importance to companies and their directors, officers and executives. We see those developments coming from around the globe and defining the litigation...more

Social Media and Beyond: California Ushers in New Employment Laws for 2013

The California legislature was particularly busy this past session in enacting new laws that directly affect employers in 2013. The new laws address a wide variety of topics, including social media protections for employees;...more

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