News & Analysis as of

Employment Litigation

Manager's Complaints About Too Many Pregnant Women Prevent Summary Judgment on Discrimination Claim

As with life in general, sometimes it’s best for a manager to keep frustrations over a work situation to himself or herself. This advice was confirmed in a recent decision from the Tenth Circuit Court of Appeals, when a...more

Dismissal Denied In EEOC Race Discrimination Action Against Security Company

by Seyfarth Shaw LLP on

A federal district court in Maryland recently denied in part an employer’s motion to dismiss a race discrimination action brought on behalf of African-born security guards by the EEOC, and instead granted the EEOC’s motion to...more

Ninth Circuit Says Employee Bears Burden at Trial of Proving Available ADA Accommodation

We typically avoid reporting on cases that involve procedural issues primarily of interest to trial lawyers. However, once in a while, a procedural decision can have significant impacts on how employers structure their human...more

Court Rejects Plaintiffs’ Attempt to Double-Dip in Settlement Pool

It is a rare occasion that the phrase “joint employer” has positive implications for any business. However, a panel sitting on the California Court of Appeals recently gave one party in a joint employer arrangement cause to...more

California Supreme Court Turns Independent Contractor Law On Its Head Making It As Easy As "ABC"

by Nossaman LLP on

In Dynamex Operations v. Superior Court, the California Supreme Court made a significant change in independent contractor law, adopting an “ABC” test for determining whether an individual is an employee under the Wage Orders....more

Pennsylvania Court Addresses Individual Liability Under COBRA (and How to Avoid it)

With increasing frequency, when employees sue their employer or former employer, they also name individual managers or the company’s owners as defendants in their suit. ...more

Ninth Circuit Certifies Questions to California Supreme Court Regarding Applicability of California Employment Laws to Mobile...

by Polsinelli on

In three separate cases involving airline employers, the U.S. Ninth Circuit Court of Appeals recently certified five questions to the California Supreme Court for guidance on whether California’s labor code provisions apply...more

California Supreme Court Significantly Narrows Independent Contractor Definition

by Hirschfeld Kraemer LLP on

On April 30, 2018, the California Supreme Court announced an extremely narrow, pro-employee test for determining whether a worker is properly classified as an independent contractor. The new standard, set forth in Dynamex...more

Four Pitfalls to Avoid When Responding to a Charge of Discrimination

When an employment discrimination case goes into litigation, two of the very first things an attorney will want to see is the charge of discrimination that was filed by the employee and the response that was provided by the...more

Data Privacy + Cybersecurity Insider - May 2018 #3

by Robinson & Cole LLP on

CYBERSECURITY - Cyber Fraud Cost $1.4 Billion in 201 - The Federal Bureau of Investigation’s Internet Crime Complaint Center (IC3) recently released its yearly internet crime report, which states that over 300,000...more

A Class Waiver Can Be A Condition Of Employment

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In one of the most significant employment cases in memory, a sharply divided United States Supreme Court held today that employers may require employees, as a condition of employment, to enter into...more

Employment news - May 2018

by Hogan Lovells on

No need to know that reason for unfavourable treatment arises from disability - Employees can only succeed with a claim of unfavourable treatment arising from a disability if the employer knows that they have a disability....more

Lincare Settles Class Action Data Breach Case with Employees

Lincare Holdings Inc. (Lincare), following mediation, recently entered into a settlement with its employees regarding a data breach that took place on February 3, 2017. ...more

The Dynamex Fallout: Independent Contractor Classifications Endangered - California Employers Should Heed Recent State Supreme...

by Best Best & Krieger LLP on

In a unanimous ruling, the California Supreme Court in Dynamex Operations West v. Superior Court rejected the decades-old Borello test for determining whether workers should be classified as employees or independent...more

Fifth Circuit Weighs in on Motor Carrier Act Overtime Exemption and Small Vehicle Exception

by Littler on

It is commonly understood that employees bear the burden of proving that they are covered by the Fair Labor Standards Act (FLSA), and, to avoid minimum wage or overtime obligations, the employer bears the burden of proving...more

Employee Grooming Policies and the Limits of Title VII

by Polsinelli on

Employers may regulate the length, style, and neatness of employees’ hair in the workplace through so-called grooming policies, unless the hair style is a matter of sincere religious observance posing no more than a minimal...more

Employees May Seek Treble Damages From NC Employer In Class Action Over Phishing Scam

by Poyner Spruill LLP on

By now, you’ve surely been warned of so-called “phishing” e-mails. The failure to heed such warnings may become more costly for North Carolina employers. According to a recent federal court decision, an employee who is...more

Employer Can Give Employee Option to Work During FMLA Leave

The Family and Medical Leave Act gives eligible employees an entitlement of up to 12 weeks of job-protected leave. The employer cannot require the employee to work during this time, and insistence by the employer that the...more

Silver Lining in a California Wage and Hour Cloud

by Seyfarth Shaw LLP on

Employers adopting an Alternative Workweek Schedule (AWS) must follow the specific rules in the applicable wage order or face liability for unpaid overtime. But employees cannot recover penalties for accurate wage statements,...more

Washington Court Denies Plaintiffs’ Motion for Summary Judgment on Various Overtime Issues

by BakerHostetler on

Overconfidence won’t overcome questions of fact - Most practitioners and human resource professionals are already familiar with the increasingly difficult wage and hour laws in California and its “Mini Me” to the east, New...more

CA Supreme Court Decision Calls for Reevaluation of Worker Classifications

by Ballard Spahr LLP on

Businesses with employees in California may need to reevaluate whether their workers are independent contractors or employees in light of a recent decision by the California Supreme Court. ...more

Can Employees Voluntarily Work During FMLA Leave?

by SmithAmundsen LLC on

Last month, the United States Court of Appeals for the Fifth Circuit issued an opinion that provides a helpful reminder about the extent to which an employer may ask an employee to work during a leave taken under the Family...more

Web Exclusive - April 2018: The Top 19 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 four months...more

Over 40 Need Not Apply? Your Age-Neutral Recruiting Practices May Violate the ADEA

by Hogan Lovells on

Everyone knows that employers covered by the Age Discrimination in Employment Act (ADEA) cannot intentionally refuse to hire job applicants because they are 40 years old or older, and that it is generally unlawful to post a...more

Ninth Circuit Holds That Evidence Supporting Class Certification Need Not Be Admissible

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Sali v. Corona Regional Medical Center, No. 15-5640, 2018 U.S. App. LEXIS 11497 (9th Cir. May 3, 2018), a three judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s...more

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