News & Analysis as of

Adverse Employment Action

Benesch

Ninth Circuit Diverges from Third Circuit on Scope of National Labor Relations Board’s Remedial Power, Ripening Issue for Supreme...

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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

Weintraub Tobin

You Can’t Make Me Go to that Meeting! CA Law Prohibits Adverse Action Against Employees Who Refuse to Go to Certain Meetings

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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

BakerHostetler

Perception Versus Reality: Fifth Circuit Backs Board’s Unfair Labor Practice Finding on Termination Based on ‘Perceived’ Section 7...

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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

Fox Rothschild LLP

New Jersey Appellate Division Reaffirms Broad Scope of CEPA

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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

Fox Rothschild LLP

3rd Circuit Declines to Find Employment-Related Cause of Action in New Jersey’s Marijuana Laws

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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

Husch Blackwell LLP

NLRB Aside, Bans on Captive Audience Meetings Spread Across the States

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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

Spilman Thomas & Battle, PLLC

Top Five: The Biggest Labor & Employment Developments from 2024

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

Conn Maciel Carey LLP

[Webinar] The Latest in Employment Discrimination Laws - December 12th, 1:00 pm EST

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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

Davis Wright Tremaine LLP

New Minimum Wage, Paid Sick Leave, and Captive Audience Meeting Protections for Alaska Employees

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

McAfee & Taft

After Muldrow, courts find standard of ‘some harm’ challenging to apply to workplace clashes

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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

Fisher Phillips

Employers and Vendors Have FCRA Obligations When Using Workplace AI Tools: Your Step-by-Step Compliance Guide

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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

Amundsen Davis LLC

Election 2024: Dealing With Political Expression at Work

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“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 Shaw LLP

San Diego County Joins California Jurisdictions With Fair Chance Ordinances

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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

Davis Wright Tremaine LLP

SCOTUS Takes Up Another Case With DEI Implications

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

Littler

Ontario, Canada Human Rights Tribunal Determines Volunteer Asked to Remove Rainbow Sticker Did Not Experience Discrimination

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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

Littler

San Diego County Adds a New Layer to California’s Complex Web of Laws Regulating the Use of Criminal Records in the Hiring Process

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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

Fox Rothschild LLP

Mandatory ‘Captive Audience Meetings’ Banned in California

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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

FordHarrison

How Courts Have Analyzed Discrimination Claims after the U.S. Supreme Court's Decision in Muldrow v. City of St. Louis, Missouri:...

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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

CDF Labor Law LLP

Navigating Politics in the Workplace

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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

CDF Labor Law LLP

California Court of Appeals Upholds Adverse Employment Action Where Employee Unable to Perform Essential Job Functions

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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

Lathrop GPM

Title VII & Lateral Transfers - Treacherous Territory after United States Supreme Court Ruling

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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

Foley & Lardner LLP

Shifting Views on Paid Administrative Leave

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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

Constangy, Brooks, Smith & Prophete, LLP

Miss Mannerly's five tips for political peace in the workplace

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

Parker Poe Adams & Bernstein LLP

Employers Struggle With Election Politics Spillover Into Workplace

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

Constangy, Brooks, Smith & Prophete, LLP

Don’t let a bad employee’s protected activity lead you into the twilight zone.

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

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