Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast
Handling Post-Conviction Death Penalty Cases Pro Bono | McKenzie Edwards | Texas Appellate Law Podcast
Inside the Fourth Court of Appeals’ Clerk’s Office | Michael Cruz | Texas Appellate Law Podcast
Supersedeas and Other Recent Rule Changes | Texas Appellate Law Podcast
Supreme Court Miniseries: Tribal Rights in the 21st Century
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
AGG Talks: Home Health & Hospice - Reimbursement Audits and Appeals
After ALJ: Options and Opportunities in the Face of an Unfavorable ALJ Decision
Understanding the SCOTUS Shadow Docket | Steve Vladeck | Texas Appellate Law Podcast
Podcast: The Legal Battle Over Mifepristone - Diagnosing Health Care
Checking in On the 88th Texas Legislature | Jerry Bullard | Texas Appellate Law Podcast
Law Brief®: Rich Schoenstein and New York State Senator Luis Sepúlveda Discuss The Chief Judge Controversy
Appellate Justice for Domestic Violence Survivors
Jury Charges and Oral Argument | David Keltner | Texas Appellate Law Podcast
The Evolution of Texas Appellate Practice| David Keltner | Texas Appellate Law Podcast
Podcast: California Employment News - Time to Do Away With Rounding Policies
Two Federal Courts Deal Blow to Biden Administration’s Federal Student Loan Forgiveness Program: A Close Look at the Decisions
This Am Law 50 senior counsel cements his authority through two appellate analytics blogs - Legally Contented Podcast
An Inside Look as a Juror - FCRA Focus Podcast
Reflections on 100 Episodes | Texas Appellate Law Podcast
The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity of obtaining a second...more
In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more
We occasionally receive questions from employers about employees who have threatened or even attempted suicide. While these issues first involve making sure that the employee is safe and receiving appropriate care, questions...more
Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more
When a California Court of Appeal revived a workplace lawsuit alleging state law disability discrimination and retaliation claims that had originally been dismissed by a trial court, it did more than decide that the mistaken...more
On December 6, 2019, the New Jersey Appellate Division in V. L. v. Hunterdon Healthcare et. al., reversed and remanded a trial court’s order dismissing an employee’s claims of disability discrimination and retaliatory...more
Carroll v. City & Cnty. of S.F., 41 Cal. App. 5th 805, 254 Cal. Rptr. 3d 519 (2019) - Summary: Each alleged reduction of monthly disability retirement benefit payments for discriminatory reasons was continuing violation...more
Qualified employees may take job-protected leave under the Family and Medical Leave Act based on their Serious Health Condition (SHC). A new decision from the Seventh Circuit Court of Appeals makes clear that the employee...more
The Appellate Division has stopped a former medical resident’s discrimination and constructive discharge claims from proceeding because the resident did not do everything in her power to remain employed. On August 2, 2019, in...more
Under the Family and Medical Leave Act, employers cannot penalize employees for use of FMLA leave. Earlier this month, the Sixth Circuit Court of Appeals found that an employer’s resetting of a perfect attendance program...more
In an unpublished opinion, the New Jersey Appellate Division ruled in Caballero v. Cablevision Systems Corp. that a former Cablevision employee is entitled to present her claims of age and disability discrimination to a jury,...more
This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements....more
The Sixth Circuit Court of Appeals recently reminded employers that, even under the more liberal standard for establishing a disability under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), an employee who...more
In its 2012 Hosanna-Tabor decision, the U.S. Supreme Court recognized a “ministerial” exemption to federal civil rights laws. It allows religious employers – without being subjected to claims of discrimination – to make...more
A common issue surrounding a medical leave of absence from work under the Family and Medical Leave Act (FMLA) pertains to whether the employer was on notice that the employee sought FMLA-protected leave. Depending on the size...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
A recent Illinois Appellate Court decision addressed the question of whether School Resource Officers (“SROs”) employed by school districts are entitled to district-paid disability and health insurance benefits for “law...more
Sometimes when an employee returns from medical leave and presents a doctor’s clearance, the employer has serious questions about the employee’s actual ability to safely and effectively perform the job. A recent unpublished...more
GINA—that elusive law about employers collecting genetic information that rarely comes up. What if an employee voluntarily shares his genetic history—can he turn around and claim his employer improperly acquired the genetic...more
At-will employment is the normal employer-employee relationship in South Carolina. In 2004, the state legislature passed a law stating that handbooks that took certain reasonable steps did not create a contractual exception...more
The Supreme Court declined to hear an appeal of the Seventh Circuit Court of Appeals’ ruling in Severson v. Heartland Woodcraft, Inc., leaving in place dismissal of an employee’s Americans with Disabilities Act (“ADA”)...more
Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more
Of all the accommodations considered reasonable under the Americans with Disabilities Act (ADA), perhaps the most frustrating is when an employee requests additional time off after their 12 weeks of Family and Medical Leave...more
Despite the Equal Employment Opportunity Commission’s more nuanced position, federal courts have generally rejected attempts by plaintiffs to claim that an indefinite leave of absence is a required reasonable accommodation...more