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Supreme Court Lowers Plaintiffs’ Burden for Title VII Discriminatory Transfer Claims

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

11th Circ. FMLA Ruling Deepens Divide Over Causation

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

Eleventh Circuit Endorses Heightened Standard for FMLA Retaliation Claims, Deepening Circuit Divide

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

NLRB and DOL Clamp Down on Anti-Union Activities, Expand Unfair Labor Practice Remedies, and Restrict Handbook Policies

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

New York State Explicitly Limits Bounds of “No Fault” or Points-Based Attendance Policies

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

NLRB Overturns a Trump-Era Precedent; Employers Cannot Ban Union Insignia

​​​​​​​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

Supreme Court of Ohio Gives Employers the Green Light to Drug Test At-Will Employees Under Direct Observation When the Employees...

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

NLRB Makes it Simpler to Discipline Profane or Abusive Employee Conduct

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

NLRB Blesses Wal-Mart Policy Restricting Union Insignia at Work

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

Will Employers in Ohio Have to Accommodate Their Workers’ Medical Marijuana Use?

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

NLRB Advice Memoranda Provides Guidance on Employer Work Rules and Social Media

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

Governor Kasich Signs Bill Prohibiting Ohio Employers From Banning Employees From Bringing Firearms On Company Property

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

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