News & Analysis as of

Employment Litigation Documentation

Rumberger | Kirk

5 Tips for HR Directors to Avoid Expensive Company Lawsuits

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As the first point of contact for employee claims, HR directors often find themselves with the challenging task of assessing sensitive situations. This, coupled with ensuring both the company’s policies are followed, and...more

Foley & Lardner LLP

Are Workforce Reductions Coming to the Private Sector? And, if so, How Should Companies Handle Them?

Foley & Lardner LLP on

Massive federal workforce reductions (once a rare event) have been featured prominently in the news lately, along with reports of criticism about the way they are occurring. Will private companies follow suit? Some economic...more

Parker Poe Adams & Bernstein LLP

When Documentation Backfires: A Case Study From the Tenth Circuit

Part of our standard advice to nearly every client is "document, document, document." Typically, robust and timely documentation ensures that an employer has strong evidence of its legitimate rationale for making employment...more

Husch Blackwell LLP

Paid Sick Leave for Nebraskans Required in 2025

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In the November 2024 election, Nebraska voters passed Initiative 436, also known as the Nebraska Healthy Families and Workplace Act. This law mandates paid sick leave for most employees in the state and takes effect October...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

Holland & Hart LLP

Tenth Circuit Weighs in on Reductions in Force: Takeaways for Employers

Holland & Hart LLP on

The Tenth Circuit affirmed summary judgment in favor of Spirit AeroSystems in a discrimination case related to a 2013 reduction-in-force (RIF). The plaintiffs had alleged that the company targeted older workers in a...more

Ward and Smith, P.A.

Having the Talk: How Employers Should Prepare for Difficult Disciplinary Situations

Ward and Smith, P.A. on

Every employee hired is expected to be a team player and integrate into the employer's culture to cultivate success. However, nearly all employers find out at some point that new hires do not always work out as planned....more

Fisher Phillips

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

Fisher Phillips on

Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more

Fox Rothschild LLP

New Demands for Disclosure Impact Employment Litigation in California

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Parties in California state court employment lawsuits and other actions may now deploy a potent new discovery tool. New demands for disclosure may be used in employment litigation and other lawsuits, with exceptions, filed in...more

Bradley Arant Boult Cummings LLP

Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit

As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based” disciplinary policies in which...more

Miles Mediation & Arbitration

Construction Law and Alternative Dispute Resolution: A Look at Current Trends

Construction law encompasses a vast area of state and federal laws, rules, and regulations. Construction lawsuits may include issues of commercial law, contract law, employment law, environmental law, personal injury claims,...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: OFCCP: Privileged vs. Proactive Analyses - February 21st, 2:00 pm - 3:00 pm EST

DCI Consulting on

In 2022, OFCCP issued a directive to advance pay equity through compensation analysis. During the original release of the directive, many in the legal community were concerned that OFCCP would require the production...more

Fisher Phillips

The Top 16 Workplace Law Stories from November 2021

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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

Fisher Phillips

Keep (Some) Opinions to Yourself: Court Decision Reminds Sports Executives the Importance of Documentation During Hiring Process

Fisher Phillips on

A recent federal appeals court decision demonstrates to employers in the sports industry the value of documenting conversations and notes made during the hiring process – and serves as a critical warning about how easily an...more

Fisher Phillips

Document, Document, Document: A Maryland Dealer Learns The Importance Of Regularly Updating Employment Forms

Fisher Phillips on

There are three documents that dealerships should regularly review and update for compliance: the employee handbook, commission pay plans, and arbitration agreements, if applicable. As a Maryland dealership recently learned,...more

Bradley Arant Boult Cummings LLP

Lexology Employment Guide: Mississippi

Bradley attorneys have partnered with Lexology to draft the Getting the Deal Through Employment chapter for Mississippi. This guide covers a state snapshot, the employment relationship, hiring, wage and hour,...more

Fisher Phillips

Web Exclusive: Don’t Panic! 3 Things Dealerships Need To Know About Latest ADA Court Ruling

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For all employers, dealerships included, complying with the Americans with Disabilities Act (ADA) can seemingly be one of the most challenging tasks for management and human resources. Not only does it seem like there is a...more

Butler Snow LLP

6th Circuit Credits Documentation in Age Discrimination Case

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As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more

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