News & Analysis as of

Employer Liability Issues Hiring & Firing Split of Authority

Benesch

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

Benesch on

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

Fisher Phillips

Florida Appellate Court Raises Bar for Whistleblower Claims: Key Takeaways and 6 Steps Employers Should Take Now

Fisher Phillips on

A Florida state appellate court just issued a ruling raising the bar for workers pursuing whistleblower claims and making it easier for employers to defeat lawsuits before trial – but created a conflict with another appellate...more

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

Payne & Fears on

Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Polsinelli

Unanswered Questions in Light of Supreme Court’s Title VII Ruling

Polsinelli on

In Bostock v. Clayton County, Georgia, the United States Supreme Court held that “an employer who fires an individual merely for being gay or transgender violates Title VII.”  With its decision, however, the Supreme Court...more

Farella Braun + Martel LLP

Are You Background Checking Your Contractors? If So, Exercise Caution.

Employers who use background checks in their hiring processes are likely aware of the various requirements under the Fair Credit Reporting Act (FCRA) and analogous state statutes. They must provide clear disclosures and...more

K&L Gates LLP

K&L Gates Triage: A Discussion of Labor and Employment Issues in the Health Care Industry

K&L Gates LLP on

In this episode, Richard Church and Spencer Hamer discuss key takeaways for the health care industry upon certain developments in labor and employment law over the past year. Specifically, this episode provides an overview of...more

Fisher Phillips

November 2018: The Top 12 Labor And Employment Law Stories

Fisher Phillips on

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

Stoel Rives - World of Employment

Ninth Circuit Rules That Basing Employees’ Wages on Their Prior Compensation Violates the Equal Pay Act

Employers in the Ninth Circuit (which includes Washington, Oregon, California, Alaska, Idaho, Montana, Nevada, Arizona, and Hawai’i) can no longer justify pay differentials between male and female employees based upon...more

Fisher Phillips

SCOTUS Slams Door On Attempt To Expand Retaliation Law

Fisher Phillips on

Yesterday’s decision is good news for employers. It limits the ability of disgruntled former employees to seek whistleblower protection under the Dodd-Frank Act, and means there is one fewer weapon out there to be used...more

Dorsey & Whitney LLP

It ain’t Over ’til it’s Over (and Even Then, it Might not Be Over): How long can the EEOC Continue Investigating – after Issuing a...

Dorsey & Whitney LLP on

EEOC charges are a fact of life for employers. Even with comprehensive equal employment policies, top-notch human resources personnel, and a great workplace culture, many employers will at some point encounter a charge of...more

Baker Donelson

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

Baker Donelson on

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more

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