On May 1, 2023, in Onukogu v. New Jersey State Judiciary, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s grant of summary judgement in favor of the employer, affirming the dismissal of the...more
In Allen v. Ambu-Stat, LLC, No. 18-10640 (January 16, 2020), the U.S. Court of Appeals for the Eleventh Circuit affirmed a Georgia district court’s dismissal of a former employee’s sexual harassment claim and delivered a...more
Tennessee employers have a new defense against employees bringing workplace environment-related lawsuits. An amendment expanding Tennessee’s Healthy Workplace Act to include private employers went into effect on April 23,...more
On April 23, 2019, Governor Bill Lee signed a bill that extends protection from some legal claims associated with workplace bullying to all Tennessee employers. Employers that adopt an anti-bullying policy that conforms to...more
Buff employers, beware! A jury recently awarded $500 grand to a restaurant server in Las Vegas for intentional infliction of emotional distress. The server claimed that a sign calling him "Fat Andy" was posted at his wait...more
Even if your state is "easy," don't relax. It seems like all we ever read about is those more activist "blue states" -- California, Illinois, Massachusetts, New Jersey, New York . . . If you're an employer in a more...more
The Fifth Circuit Court of Appeals affirmed the U.S. District Court for the Western District of Louisiana’s grant of summary judgment under the Louisiana whistleblower law, Louisiana Revised Statutes section 23:967, in favor...more
An article in Monday’s New York Post discussed misunderstandings that can arise in the workplace based on use of “chat” apps and their associated emoji. A woman interviewed for the article said that she had messaged her...more
A Dallas jury recently awarded a verdict of more than a million dollars to a vocational nurse based upon her claims of sexual harassment and intentional infliction of emotional distress. While it appears that verdict will not...more
There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more
The New Jersey Supreme Court has agreed to address whether a trial court erred in denying remittitur on a whopping $1.4 million award for emotional distress damages in a racial discrimination suit brought under the Law...more
Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from...more
$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award - State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc). Angela Aguilar who worked in a copper mine...more