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Constangy, Brooks, Smith & Prophete, LLP

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more

Bodman

An Agreement to Shorten the Statute of Limitations on Employment Claims is Enforceable but Employers Must Prove an Agreement

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In Michigan, it is well-established that the statute of limitations for claims of discrimination, harassment and most other employment-based claims may be shortened by the agreement of the employer and the employee. This...more

Polsinelli

EEOC Revises Intake Forms to Include Non-Binary Gender Options

Polsinelli on

On March 31, 2022, on Transgender Day of Visibility, the EEOC announced that it will expand the available gender options in the voluntary self-identification questions included on its intake forms. The changes will apply to...more

Jaburg Wilk

What Arizona Employees Need to Know Who Are Being Sexually Harassed at Work

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While it seems evident that no employer would want an environment where employees are not respected, valued, and protected from being sexually harassed, it still happens. If you work for an Arizona employer, and you are being...more

Dechert LLP

Legislation and Case Law in France / Second Half-Year 2019

Dechert LLP on

Prevention of occupational hazards and management of matters related to safety and the protection of health at work are major concerns for all those involved in labor law. This newsletter reviews five notable court...more

Akerman LLP - HR Defense

New York City Expands Independent Contractor Rights Amidst a Budding National Trend

Akerman LLP - HR Defense on

Last month, New York City joined an emerging national trend toward increased protections for independent contractors and freelance workers, adopting a new law, Int. 136-A, extending to independent contractors and freelancers...more

Littler

Has #MeToo Created a New Claim of Male-Bias Discrimination?

Littler on

Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a...more

Littler

Ontario, Canada: A Tale of Violence and Harassment in the Workplace and Judicial Sanctions for an Employer that Handled it Poorly

Littler on

As employment lawyers that represent management, we invariably counsel our clients that they must treat complaints of harassment in the workplace seriously, and take immediate steps to investigate them.  A recent case,...more

Spilman Thomas & Battle, PLLC

The Rumor Mill: A Case Study on Workplace Conduct - How Perpetuating Workplace Rumors Can Create Employer Liability for Gender...

On February 8, 2019, the Fourth Circuit ruled an employer can be liable for gender discrimination for spreading false rumors that a female employee slept with her male boss to obtain a promotion. Parker v. Reema Consulting...more

Poyner Spruill LLP

EEOC Proposes Changes

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On February 21, 2019, the EEOC proposed a rule to expand the use of its electronic portal; clarification of the meaning of a “No Cause” dismissal and the filing deadline for a charge, which is filed in a state with a deferral...more

Bass, Berry & Sims PLC

Fourth Circuit Weighs in on Standards for Pleading Presentment and Retaliation

On December 26, 2018, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in United States ex rel. Grant v. United Airlines affirming dismissal of the relator’s False Claims Act (FCA) allegations on the grounds...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seven Questions That Employers Should Ask Themselves before Discharging an Employee

Employment terminations are serious business and fraught with potential challenges. The simple idea that at-will employees can be discharged for any legal reason without incurring claims, defense costs, and possible...more

Bradley Arant Boult Cummings LLP

Don’t Ignore the Kissing Supervisor—Court Rules that Employer’s Knowledge of Past Behavior Negates Faragher-Ellerth Defense

Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more

Fisher Phillips

Call Me, Maybe? Court Rules that Phone Call to OSHA Constitutes Filing of Whistleblower Complaint

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It might sound crazy, but the Occupational Safety and Health Administration (OSHA) may now be receiving whistleblower complaints over the phone. This follows a recent ruling from a federal court in Wisconsin, which made it...more

Cozen O'Connor

I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination

Cozen O'Connor on

Good faith and timing means everything in employment law. This episode of Employment Law Now provides an update from DC, discusses questions employers should be asking in today’s climate of troubling sexual harassment news,...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Broker's Employment Retaliation Claims

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former commodities broker claimed her former employers retaliated against her for filing a civil rights complaint by causing her new employer to...more

U.S. Equal Employment Opportunity Commission...

Clougherty Packing Settles EEOC Sexual Harassment Suit for $100,000

Meat Packing Company Subjected Female Employees to Unwanted Touching and Comments, Federal Agency Charges - LOS ANGELES - Clougherty Packing, LLC, dba Farmer John, a Los Angeles-based meat processing company, will pay...more

Sherman & Howard L.L.C.

Website Sorts Worker Complaints

The administration is beta-testing a new on-line tool at http://worker.gov. The site lets the user select on a job title (from a slowly expanding list) and then click to a menu of various violations of labor and employment...more

Foley & Lardner LLP

Watch Out for the Cat’s Paw - Employers May Be Accountable for Low-Level Employee Actions

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In the world of employment law, there is something called the “Cat’s Paw” theory of liability. The name comes from a fable dating back to the 17th century in which a clever monkey persuades a naïve cat to pull roasting...more

Zelle  LLP

Encouraging Employee Complaints. Yes, We’re Serious.

Zelle LLP on

Last Friday, a Yelp employee posted an open letter to her CEO, describing how her customer service job in San Francisco does not pay enough to allow her to buy groceries or see a doctor. Within 24 hours of posting the letter...more

McAfee & Taft

Court rules informal complaint about overtime could be basis of FLSA retaliation claim

McAfee & Taft on

The number of overtime and minimum wage claims against employers under the Fair Labor Standards Act (FLSA) continues to rise, and with that rise comes the risk of FLSA retaliation claims. As a new case from the Tenth Circuit...more

Morrison & Foerster LLP

Employment Law Commentary -- Volume 25, Issue 5 -- May 2013: When Is a Complaint a Complaint? After Kasten and beyond

Employees, like a lot of people, complain. Work may be too hard, it may be too easy, and for many people work may never be quite right. As they say, the grass is always greener on the other side. But when does a passing...more

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