The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification...more
3/29/2021
/ Age Discrimination ,
Attorney's Fees ,
EEO ,
Employer Liability Issues ,
Gender Discrimination ,
Hostile Environment ,
Labor Code ,
Retaliation ,
State Labor Laws ,
Termination ,
TX Supreme Court ,
Workplace Bullying
A new president in the White House is likely to affect workplace risks for employers and their insurance providers. EPLI carriers and brokers have worked to develop risk management strategies to address workplace law claims,...more
Most of 2020 has been tumultuous for employers and their management liability insurers and brokers. Interesting claims have started to emerge nearly 10 months into the COVID-19 pandemic as the number of COVID-19-related...more
The pace of workplace law change and risk exposure continues to grow. Filing of Equal Employment Opportunity Commission (EEOC) and state agency charges, initiation of wrongful discharge and other lawsuits, and daily publicity...more
5/16/2019
/ Background Checks ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
Lactation Accommodation ,
Medical Marijuana ,
NLRB ,
Pregnancy ,
Prevailing Wages ,
Sexual Harassment ,
Wage and Hour ,
Website Accessibility
After years of litigation across the country and sharply divided rulings among the Circuits (some damning class/collective action waivers and others enforcing them), and over seven months after oral argument, the United...more
5/24/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
The EPL industry rightfully has been concerned about the NLRB’s and courts’ expansion of liability from the seeming employer to those with relationships to that entity. Franchisors increasingly were exposed to liability for...more