DE Under 3: Title VII Actionable Adverse Employment Actions Not Limited to Only “Ultimate” Employment Decisions
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation - Employment Law This Week®
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
Managing the Size and Structure of Your Post-Pandemic Workforce
Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]
Workplace Violence Rises During COVID-19 - Employment Law This Week®
Social Media + Employees = Hot Mess
Warning Signs that Signal You Might be Terminated from Your Job
The Basics of Michigan’s Social Media Password Law & Why It Isn’t Such a Great Idea
As previously reported, the Third Circuit Court of Appeals handed Starbucks a victory in NLRB v. Starbucks Corp. by vacating part of an order issued by the National Labor Relations Board (“Board” or “NLRB”) requiring...more
If you followed California’s 2024 Legislative term, you know that Senate Bill 399 (“SB 399”) was passed and signed into law by Governor Newsom on September 27, 2024. For the most part, SB 399 has been described as a new...more
The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more
The New Jersey Appellate Division recently issued a published decision that reaffirms the analytical framework used for claims brought under New Jersey’s whistleblower statute, the Conscientious Employee Protection Act...more
The U.S. Court of Appeals for the 3rd Circuit issued an opinion earlier this week that will have significant ramifications on the abilities of plaintiffs to bring employment-related disputes arising out of New Jersey’s...more
The National Labor Relations Board (NLRB) made waves with its November 13, 2024 decision in Amazon.com Services LLC, 373 NLRB No. 136 (2024) overturning Babcock & Wilcox Co. and 75 years of precedent that had allowed...more
As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more...more
Employment discrimination in the workplace is alive and well. Indeed, according to Monster’s recent Workplace Discrimination Poll, only 9% of workers claim to have NOT faced some form of workplace discrimination. There have...more
Alaska Ballot Measure One passed, according to unofficial election results, and brings with it three major changes for Alaska employers. The new law goes into effect July 1, 2025, but employers should start the process of...more
In April of this year, the U.S. Supreme Court issued a decision with the potential to significantly alter the scope of employment discrimination claims. The case, Muldrow v. City of St. Louis, addressed what employer actions...more
The government recently reminded employers and vendors that they have obligations when it comes to use of workplace-related AI tools – and your business may need to update its practices in order to comply. The Consumer...more
“Harris Walz, Obviously.” “Trump 2024 – Take America Back.” These words are on signs that pepper front lawns and store fronts across the country. Consider what compels someone to make their stance so public. It’s because...more
Seyfarth Synopsis: Since 2018, California has had a comprehensive Fair Chance Act (CFCA), which places a number of restrictions on employers using criminal history for hiring and other employment purposes. San Francisco and...more
Last week, the Supreme Court accepted review of Ames v. Ohio Department of Youth Services. The court will address a circuit split regarding the standard courts apply in discrimination claims brought by majority group...more
In Zanette v. Ottawa Chamber Music Society, 2024 HRTO 998, the Human Rights Tribunal of Ontario (HRTO) dismissed a volunteer’s application alleging discrimination with respect to employment because of sexual orientation,...more
California state law already saddles private sector employers with significant obligations to job applicants with a criminal record. Various local laws layer on top of these obligations to make compliance even more...more
Last week, Governor Gavin Newsom signed SB 399, known as “The California Worker Freedom from Employer Intimidation Act,” into law. Practically speaking, SB 399 was enacted to prohibit employers from requiring employees to...more
Real World Impact: In April, the Supreme Court issued a decision in Muldrow v. City of St. Louis, Missouri, lowering the standard that federal courts had applied for decades on discriminatory transfer claims under Title VII...more
In a state as diverse and politically active as California, employers are bound to encounter clashing political expressions among employees this election cycle. Navigating these challenges and enforcing policies affecting the...more
This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The...more
The United States Supreme Court recently settled a circuit split concerning when an involuntary lateral transfer may violate Title VII of the Civil Rights Act of 1964. The Court’s opinion in Muldrow v. City of St. Louis...more
Employers often place employees on paid administrative leave while they investigate accusations of employee misconduct or make decisions regarding the employees’ employment. Traditionally, most federal courts agreed that this...more
Election Day is almost upon us, Gentle Reader. Behave! Dear Miss Mannerly: My employees have strong political views, and since the Presidential debate the other night, they are out of control. They are split about evenly...more
With the election quickly approaching, we are already receiving questions from employers involving concerns over arguments and disruptions in the workplace resulting from political disagreements. We hoped that the contentious...more
You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more