News & Analysis as of

Employment Litigation

NLRB Judges Regain Power to Approve Partial Settlements

National Labor Relations Board (NLRB) Administrative Law Judges (ALJs) have regained the power to approve partial settlements of Unfair Labor Practice charges (ULPs) – even if the NLRB’s General Counsel, and the charging...more

Seventh Circuit Affirms Summary Judgment in Favor of Employer Finding That Required Mental-Health Examinations Did Not Violate the...

by FordHarrison on

Recently, the United States Court of Appeals for the Seventh Circuit in Painter v. Illinois Department of Transportation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging a...more

The Allegation Of Non-Arbitrable Private Attorney General Claims Does Not Prevent Arbitration Of Individual Claims Raised...

by Carlton Fields on

A contractual arbitration clause may not be avoided by the allegation of “private attorney general” claims that are not arbitrable on public policy grounds in conjunction with claims raised on an individual basis that would...more

New York’s Highest Court: Pre-Certification Settlements Require Classwide Notice

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York Court of Appeals holds that the state’s class action rules require notice of settlements to be sent to putative class members – even though no class has been certified....more

In the Continuing Battle Over Standing, Fair Credit Reporting Act Class Action Plaintiffs Must Show Actual Injury For Failure to...

by Akerman LLP - HR Defense on

Employers who run background checks on prospective employees take note – applicants who sue prospective employers for Fair Credit Reporting Act violations for failure to provide notice in a stand-alone format may not be able...more

First Circuit Affirms Denial Of Motion To Compel Arbitration Of Non-Signatory Employee’s Wage And Hour Claims

by Carlton Fields on

As a condition of plaintiff Ouadani’s employment with defendant TF Final Mile LLC (f/k/a/ Dynamex Operations East, LLC (Dynamex)) as a delivery driver, Ouadani was required to associate with Dynamex’s vendor, Birtha Shipping...more

Refusal By Employer To Remove Letter Of Reprimand From Employee’s Personnel File Creates Viable Claim For Retaliation

by Jackson Lewis P.C. on

In Munive v. Fairfax County School Board, the Fourth Circuit recently ruled that an employer’s refusal to rescind a disciplinary notice issued after claimant filed a discrimination charge with the Equal Employment Opportunity...more

Missouri Court Tackles Sex Stereotyping, Highlights Sexual Orientation and Gender Identity Issues

While nearly half of all states expressly prohibit discrimination based on sexual orientation and/or gender identity, Missouri is not one of those states. However, the Missouri Court of Appeals recently issued a decision in...more

SCOTUS: Only Appeal Filing Deadlines Prescribed by Statute are “Jurisdictional”

by Robins Kaplan LLP on

On November 8, 2017, the Supreme Court issued an unanimous opinion in Hamer v. Neighborhood Housing Services of Chicago, Case No. 16-658, clarifying that an appeal filing deadline prescribed by statute is “jurisdictional,”...more

Google Dodges Gender Discrimination Class Action For Now

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Ellis v. Google, Inc., No. CGC-17-561299 (Cal Sup. Ct. Dec. 4, 2017), Judge Mary Wiss of the Superior Court of California granted a motion to dismiss a class action lawsuit brought by Google employees...more

LinkedIn Activity May Violate Non-Solicitation Agreements

by Pepper Hamilton LLP on

Q: A former employee has invited some of her former co-workers and clients to connect on LinkedIn. Is this a violation of her non-solicitation agreement with our company? ...more

Employment News - December 2017 #2

by Hogan Lovells on

In this weeks issue: - Employer vicariously liable for employee's data breach - Time and time again - no implied right to bonus through custom and practice - Making progress - gender pay gap toolkit...more

Interns Flunk The Class

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit has upheld summary judgment against magazine interns seeking payment as “employees” under the FLSA. In an end-of-semester decision that may represent the final grade for unpaid interns...more

Tennessee Court of Appeals Finds that Former Employee Breached Non-Compete Agreement Through Actions of His Subordinates

by Butler Snow LLP on

In November 2017, the Tennessee Court of Appeals upheld a Nashville trial court’s determination that a former employee violated his noncompete agreement by managing employees who solicited competing business in the restricted...more

Be Fore-WARNed: California Really Is Peculiar

by Seyfarth Shaw LLP on

Seyfarth synopsis: Companies contemplating a mass layoff must comply with the federal Worker Adjustment and Retraining Notification Act. In California, alas, companies must also consider the even more stringent requirements...more

The 2017 Judicial Hellholes Report Is Out And Makes For An Interesting Read

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Each year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report” that focuses on litigation problems in state court systems and challenges for corporate defendants in the...more

Proposed Bill Targets Arbitration of Sex Discrimination and Harassment Claims, Threatens Arbitration of Any Employment Disputes

by Faegre Baker Daniels on

A bipartisan bill introduced in Congress this week seeks to make it illegal for employers to enforce mandatory, pre-dispute arbitration agreements with employees alleging workplace sexual harassment or other sex-based...more

New Bill Would Outlaw Mandatory Arbitration Agreements For Sex Discrimination Disputes – Is A Poorly Constructed Bill The Right...

by BakerHostetler on

Prior bills have attempted, unsuccessfully, to eliminate individual arbitration as a means to resolve employment disputes. Senator Al Franken introduced several bills, starting in 2009, to forbid pre-dispute mandatory...more

Court Refuses To Release Correctional Facility Employer From Age Discrimination Suit, But Orders The EEOC To Identify Aggrieved...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADEA action brought by the EEOC alleging that the New Mexico Department of Corrections failed to promote correctional officers over the age of 40, a federal district court in New Mexico denied the...more

You’ve Been Warned: California’s WARN Act Is Broader Than the Federal Warn Act

by Bryan Cave on

As with so many other situations involving California’s employment laws, its protection for California-based employees experiencing a job loss is broader than the protections under federal law. In The International...more

Email Systems: GC Memorandum 18-02 Signals That The Trump Board May Review The Controversial Obama Board Changes Allowing...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

Ouch: EEOC Gets Summary Judgment Win Relative To Employer’s Medical Testing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action alleging that a maker of train components discriminated against a group of applicants by regarding them as disabled, a federal district court in Illinois granted the EEOC’s partial motion...more

SLOW DOWN Congress: You Are About To Render The FAA Inapplicable To Employment Disputes (And Class Waivers), And You Probably...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Pending bi-partisan legislation aimed at preventing employers from enforcing arbitration agreements of sexual harassment claims might make employers unable to enforce arbitration agreements, and class...more

Missouri Supreme Court Punts Two Lawsuits in a Row, on Direct Flights to Arbitration

Arbitration agreements have faced tackles and turbulence in a series of cases litigated in Missouri courts over the past few years. In the fall of 2017, the Supreme Court of Missouri issued two favorable arbitration agreement...more

Short-Term Layoffs Require Advance Notice Under California WARN

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Like the Federal WARN Act, California’s WARN Act (Cal-WARN) requires employers to notify employees of certain covered layoffs that will affect them. The California Court of Appeal has now confirmed that...more

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