News & Analysis as of

Terms and Conditions Employment Litigation

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Overturns Decades-Old Precedent on Workplace Discrimination Claims

For decades, courts in the Fifth Circuit have followed a particularly strict rule limiting when employees can sue under Title VII for workplace discrimination. That changed last Friday....more

Constangy, Brooks, Smith & Prophete, LLP

Fifth Circuit eviscerates a requirement for Title VII claims. What’s next?

In its recent en banc opinion in Hamilton v. Dallas County, the U.S. Court of Appeals for the Fifth Circuit overturned nearly 30 years of precedent that required Title VII plaintiffs to allege that they had been subjected to...more

BakerHostetler

Fifth Circuit Opens the Door to More Discrimination Claims

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The Fifth Circuit Court of Appeals’ recent decision in Hamilton v. Dallas County expanded the scope of claims employees may pursue under Title VII of the Civil Rights Act of 1964. Title VII is the anti-discrimination statute...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims

Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth...more

Lewitt Hackman

Employers, in case you were wondering, your employees cannot compete with you

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Many California laws seek to restrict the terms and conditions an employer may place on an employee during employment. Tuesday, the California Court of Appeal confirmed that Business and Professions Code Section 16600 is not...more

Holland & Hart - Employers' Lawyers

CO Employers Can Forgo Paying Out Unused Vacation Upon Termination

Unused vacation time can represent a substantial liability on the books for many employers. Therefore, the extent to which you can control the payout of unused vacation time upon an employee’s separation from employment is an...more

Epstein Becker & Green

In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by...

Epstein Becker & Green on

As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers. In the flurry of recent decisions, the Board...more

Benesch

NLRB Abandons Long-Standing Precedent Regarding Management’s Ability to Unilaterally Change Terms and Conditions of Employment

Benesch on

The National Labor Relations Board (“NLRB”) continued its recent wave of significant decisions on September 10, 2019, when it adopted a new standard for analyzing whether an employer’s unilateral change to terms of employment...more

Fisher Phillips

Federal Court Reinforces Limited Geographic Scope Of NYC’s Anti-Discrimination Laws

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A New York federal court recently reinforced the limited geographic scope of the New York City Human Rights Law, a city law which provides broader anti-discrimination and anti-retaliation protections to employees than the New...more

Fisher Phillips

Federal Appeals Court Expands Joint Employer Liability Theory For Agricultural Employers

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A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Kentucky Supreme Court Rules FAA Does Not Protect Mandatory Employment Arbitration

In a surprise decision, the Supreme Court of Kentucky ruled on September 27, 2018, that the Federal Arbitration Act (FAA) does not protect employment arbitration agreements that are required as a condition of employment....more

Fisher Phillips

Kentucky Becomes First State To Prohibit Mandatory Arbitration As A Condition of Employment

Fisher Phillips on

The Kentucky Supreme Court just outlawed mandatory arbitration agreements that require applicants or employees to sign if they want to be hired or remain employed, making the Bluegrass State the first in the nation to do so....more

Seyfarth Shaw LLP

There’s Something Fishy Going On Here: MA Federal Court Enjoins Seafood Supplier Executive

Seyfarth Shaw LLP on

A Massachusetts Federal Court recently enjoined the former Director of Research and Development and Quality Assurance of National Fish & Seafood, Inc. (“National Fish”) from working for a competing seafood supplier based in...more

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