On April 17, 2024, the U.S. Supreme Court unanimously lowered the burden applicable to discriminatory transfer claims brought under Title VII. According to the Court, a showing of some harm—rather than significant or some...more
4/26/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Lateral Transfers ,
Muldrow v City of St Louis ,
Protected Class ,
SCOTUS ,
Sex Discrimination ,
Title VII
In a win for employers located in Florida, Georgia and Alabama, the U.S. Court of Appeals for the Eleventh Circuit recently concluded that retaliation claims brought under the Family and Medical Leave Act are subject to a...more
3/13/2024
/ Appeals ,
Burden of Proof ,
But For Causation ,
Causation ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Intermittent Leave ,
Performance Improvement Plans ,
Retaliation ,
Summary Judgment
In a win for employers, the Eleventh Circuit Court of Appeals issued a decision on December 13, 2023, which formally adopted the “but for” causation standard for retaliation claims brought under the Family Medical Leave Act...more
In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more
8/4/2023
/ Department of Labor (DOL) ,
Employee Handbooks ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Persuader Rules ,
Remedies ,
Taft-Hartley Act ,
Unfair Labor Practices ,
Union Organizers ,
Unions
On November 21, 2022, New York Governor Kathy Hochul signed into law a new measure that explicitly prevents employers from penalizing workers for lawful absences.
The new law amends Section 215 of New York Labor Law...more
12/6/2022
/ Amended Legislation ,
Anti-Retaliation Provisions ,
Attendance ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Leave of Absence ,
New Legislation ,
Paid Leave ,
Protected Activity ,
State Labor Laws
On August 29, 2022, the National Labor Relations Board (the “Board”) issued a precedent-shifting decision ruling that it was unlawful for Tesla Inc. to prohibit employees from wearing shirts bearing union insignia....more
If an employer’s substance abuse policy requires employees to undergo random urinalysis drug testing, and employees sign consent forms authorizing “any testing necessary” but not specifically discussing direct observation...more
On July 21, 2020, the National Labor Relations Board (“NLRB” or “the Board”) issued its decision in General Motors LLC, 369 NLRB No. 127, reviving the Wright Line test and making it easier for employers to discipline an...more
Just before Christmas, the National Labor Relations Board (“NLRB”) evaluated two dress code policies limiting - but not prohibiting - employees from wearing union insignia at work. Wal-Mart Stores, Inc., 368 NLRB No. 146...more
A March 27, 2019, ruling in a New Jersey case, Wild v. Carriage Funeral Holdings, Inc. et al., provides some interesting insights and continues the recent trend among courts in other states Delaware (2018), Connecticut...more
The National Labor Relations Board released a series of advice memoranda this week, two of which applied the new Boeing test to determine if a company rule or policy unlawfully restricts employees’ Section 7 right to engage...more
3/20/2019
/ Boeing ,
Corporate Counsel ,
Employment Policies ,
Facebook ,
Logos ,
NLRA ,
NLRB ,
Policy Memorandums ,
Social Networks ,
Unions ,
Workplace Attire
On Monday, December 19, 2016, Governor John Kasich signed Ohio Senate Bill 199 into law, which allows concealed carry permit holders to store their firearms in their vehicles while parked in their employers’ parking lots...more