News & Analysis as of

Retaliation Collective Bargaining Agreements (CBA)

Segal McCambridge

Hoops and Legal Loops: The Dearica Hamby Case Explained

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Carla and Courtney welcome Masood Ali, Associate in Segal McCambridge's Detroit office, to discuss a high-profile employment law case involving WNBA player Dearica Hamby. The suit alleges pregnancy discrimination and...more

Davis Wright Tremaine LLP

New Minimum Wage, Paid Sick Leave, and Captive Audience Meeting Protections for Alaska Employees

Alaska Ballot Measure One passed, according to unofficial election results, and brings with it three major changes for Alaska employers. The new law goes into effect July 1, 2025, but employers should start the process of...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - November 2024 #2

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Diego Pavia became the latest college athlete to sue the NCAA. While many past NCAA lawsuits have concerned NIL, the Vanderbilt football quarterback is seeking an extra year of eligibility. His argument, in court documents...more

Sheppard Mullin Richter & Hampton LLP

What a Headache: The Third Circuit Finds That a Plaintiff’s Migraines Were Not a Serious Health Condition Under the FMLA

On October 11, 2024, in the matter of Ephriam Rodriquez v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), the Third Circuit Court of Appeals addressed the legal standards for establishing a “serious health...more

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Watch in 2024

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The California Supreme Court issued several important decisions in 2023 about issues such as COVID-19 take-home exposure and arbitrating Private Attorney General Act (PAGA) claims. Employers should continue to be aware of...more

Greenberg Glusker LLP

Protected Paid Sick Leave Increases to Five Days Per Year Under California State Law

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With the stated purpose of encouraging sick employees to stay home to stop the spread of COVID and other contagious diseases in the workplace, Governor Newsom signed SB 616, expanding the state’s Healthy Workplaces, Healthy...more

Snell & Wilmer

New Mexico Check-Up: Paid Sick Leave Coming 2022

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Beginning July 1, 2022, New Mexico will require private employers to provide up to 64 paid sick leave hours to their employees each year. The Healthy Workplaces Act (“HWA”) was signed by Governor Michelle Lujan Grisham on...more

Littler

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

Littler on

The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

Proskauer - Whistleblower Defense

Expansive Amendments to New York Whistleblower Protection Law Introduced

On April 29, 2019, Assemblyman Michael Benedetto introduced Assembly Bill A7384, which would amend and significantly expand New York’s whistleblower statute, N.Y.L.L. §§ 740, 741. The identical Senate version of this bill,...more

Seyfarth Shaw LLP

The Sixth Circuit Shows That Balancing ADA Obligations With Enforcement Of Workplace Rules Is Far From An Exercise In Futility

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Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

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The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Clark Hill PLC

Contractual Restrictions Against Forum Shopping May Be Illegal

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Many collective bargaining agreements restrict employees from pursuing the same complaint in multiple forums. For example, if an employee files a grievance over an employment issue but then files a complaint or charge of...more

Seyfarth Shaw LLP

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

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Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

FordHarrison

Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes"...

FordHarrison on

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has...more

Tucker Arensberg, P.C.

Teacher’s Verbal Abuse of Student Does Not Rise to “Conscious-Shocking” Level Necessary to Support Due Process Claim

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L.H. and C.H. v. Pittston Area Sch. Dist., 130 F. Supp. 3d 918 (M.D. Pa 2015) (Decided September 10, 2015). The District Court for the Middle District of Pennsylvania determined that verbal abuse by a teacher, by itself,...more

Seyfarth Shaw LLP

RLA “Minor Dispute” Preemption Alive and Well As a Potential Defense in State Court

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An Illinois state appellate court recently confirmed that Railway Labor Act “minor dispute” preemption is alive and well as a potential defense to state-law retaliatory discharge claims. The case, Hughes v. United Airlines,...more

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