News & Analysis as of

Employment Litigation

Colorado Supreme Court Attempts to Clarify Statute of Limitations Applicable to State Law Wage Claims

On March 5, 2018, the Colorado Supreme Court addressed a longstanding question regarding the statute of limitations applicable to claims brought under the Colorado Wage Claim Act (CWCA) by holding the Act’s statute of...more

The Certainty of Publicity of a Newly-Filed Lawsuit

by Shipman & Goodwin LLP on

It happened again, last week. An employer was sued. Wait, what’s that? A new lawsuit gets filed EVERY day against employers? (Actually, in federal court, at least 11885 employment lawsuits were filed in 2017. Far more...more

Dismissal for misconduct formality: between law and case law

by DLA Piper on

Under Moroccan labour law, case law plays a significant role in bridging the void left behind with regards to dismissal for misconduct. If the texts' interpretation by the magistrates has the merit of clarifying certain...more

March Misclassification Madness: Misclassification Updates in the Gig Economy

by Fisher Phillips on

Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

Second Circuit Puts Out Simultaneous Class Arbitration Opinions

Two different panels of the Second Circuit issued opinions about class arbitration on the same day last week. One creates a circuit split over how specific parties must be to delegate the availability of class arbitration to...more

Puerto Rico Supreme Court Sets Standard to Apply the Successor Liability Doctrine

by Littler on

The Puerto Rico Supreme Court (“PRSC”) recently issued an Opinion in the case of Roldán Flores v. M. Cuebas, 2018 TSPR 18, 199 D.P.R. __ (Feb. 6, 2018), in which it addressed again the requirements for applying the “successor...more

Ninth Circuit Creates More Uncertainty in 80/20 Rule for Tipped Workers

by FordHarrison on

On February 16, 2018, the United States Court of Appeals for the Ninth Circuit granted en banc review of Marsh v. J. Alexander’s LLC, 869 F.3d 1108, creating a new layer of uncertainty for hospitality employers....more

LGBTQ Rights Making News and Making Law In Recent Weeks

by Kelley Drye & Warren LLP on

In the past two weeks, we saw two major decisions in the area of LGBTQ rights in the workplace. First, the Second Circuit in New York held that Title VII does prohibit discrimination based on sexual orientation. Zarda v....more

Through Good Times and Bad: Husband Has Retaliation Claim Based on Assisting Spouse’s Pregnancy Discrimination Claim

by Sherman & Howard L.L.C. on

A federal district court in Kansas denied a car dealership’s motion for summary judgment regarding a former sales manager’s retaliation claims. Specifically, the sales manager contended that the company fired him because he...more

Colorado Supreme Court Clarifies the Statute of Limitations under the Colorado Wage Act, Closing the Door on Stale Claims

by Littler on

The Colorado Supreme Court recently clarified the applicable statute of limitations for wage claims in the State of Colorado. In Hernandez v. Ray Domenico Farms, Inc., No. No. 17SA77, 2018 WL 1146468 (Colo. Mar. 5, 2018)...more

The Breakdown On That "Transgender Funeral Home" Decision

The Sixth Circuit decision seems overall correct, although it contains some "woke dicta," too. Last week, a panel of the U.S. Court of Appeals for the Sixth Circuit issued its decision in the EEOC v. R.G. & G.R. Harris...more

Federal Appeals Court Finds Title VII Precludes Discrimination Based On Transgender Status

by Littler on

The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in...more

School Scores Summary Judgment Win In ADEA Collective Action

by Seyfarth Shaw LLP on

Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more

Telecommuting Deemed Reasonable Accommodation for In-House Attorney

As technology changes, courts have increasingly accepted disabled employees’ arguments that they can remotely perform the essential functions of their jobs. Therefore, telecommuting may be recognized as a form of required...more

Eleventh Circuit Reinstates Former Manager’s Equal Pay Act and Title VII Sex Discrimination Lawsuit

In Bowen v. Manheim Remarketing, Inc., No. 16-17237 (February 21, 2018), the Eleventh Circuit Court of Appeals reinstated the Equal Pay Act and Title VII sex discrimination claims of a former manager of a car auction facility...more

Sixth Circuit Holds That Discrimination Based on Transgender Status is Considered Sex Discrimination Under Title VII

by Reminger Co., LPA on

The Sixth Circuit recently joined a growing number of federal courts to expand the definition of what constitutes sexual discrimination under Title VII. It found that discrimination based on an individual’s transgender status...more

Donations Not Accepted – ADA Does Not Require Continued Use Of Leave Donation Program

by Jackson Lewis P.C. on

Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues. A dilemma often faced by employers with these policies is whether continued use of such...more

Louisiana Court Of Appeals Highlights The Need For Clear Vacation Policies

by Jackson Lewis P.C. on

The Louisiana Court of Appeals—Fourth Circuit, recently overturned a trial court’s determination that an employee of a pest control company was not entitled to the payout of his accrued, but unused, vacation leave. Contrary...more

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

by 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 were an unprecedented number of changes all through 2017. And if the first two months...more

Calculating Overtime Pay When Paying a Flat Sum Bonus in a Single Pay Period

by Carlton Fields on

Failing to comply with last week’s California Supreme Court order concerning overtime pay and lump sum bonuses may expose you to costly class actions like so many other California employers....more

Michigan Court of Appeals Offers Guidance to Employers in Documenting Reasons for Hiring, Promotions

by Dickinson Wright on

On February 1, 2018, the Michigan Court of Appeals issued an opinion which offers employers guidance regarding ways to document the reasoning behind hiring, promotion, and termination decisions to overcome allegations of...more

New Mexico Supreme Court Rejects a Heightened Evidentiary Burden on a Plaintiff in a Reverse Race Discrimination Case

by Littler on

In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more

Employees Are ALSO Required To Engage In The Interactive Process Under The ADA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employee committed to taking opioids loses his job and his disability discrimination lawsuit because he refused to consider alternative pain management. ...more

Proving a Sudden and Extraordinary Employment Injury Must be Rock Solid

In State Compensation Insurance Fund v. WCAB and Jose Guzman, (H044300, filed 1/30/18, publication order 2/23/18), the California Court of Appeal, Sixth Appellate District, rejected Applicant’s argument that a psychiatric...more

Sixth Circuit: Title VII Prohibits Discrimination Based on Transgender and/or Transitioning Status

by Shipman & Goodwin LLP on

Less than one week after the Second Circuit Court of Appeals held that Title VII’s prohibition on sex discrimination bars discrimination on the basis of sexual orientation, the Sixth Circuit Court of Appeals issued its own...more

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