The Chartwell Chronicles: Employment Law
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#WorkforceWednesday: OSHA ETS on Hold, Retaliation Claims Increase, "Vaccination Ambassadors" - Employment Law This Week®
On April 16, 2025, Montana Governor signed into effect HB 128: An Act Protecting Volunteer Emergency Service Providers From Termination by a Public or Private Employer Under Certain Conditions; and Providing for a Legal Cause...more
A California appeals court has upheld a $5 million award in favor of Whiting-Turner Contracting Company and against the owner of a 12-story, Virgin-brand hotel in San Francisco. Whiting-Turner agreed to construct the hotel...more
The two Democratic NCUA board members ousted by President Trump have filed suit, arguing that their firings violated federal law....more
Plaintiff brought action in the United States District Court for the Northern District of Georgia after being terminated by Defendant without receiving pre-adverse notice, in violation of the Fair Credit Reporting Act (FCRA)....more
The Government Accountability Office has agreed to investigate recent CFPB moves to fire more than 1,400 employees and the impact it and other agency actions have had on the bureau’s ability to operate....more
The Ontario Court of Appeal’s recent decision in De Castro v Arista Homes Limited, 2025 ONCA 260 (De Castro) provides Ontario employers with yet another reminder about the importance of clear and concise drafting in...more
METRC, Inc., the predominant provider of seed-to-sale tracking software used by state regulatory bodies overseeing legal cannabis markets across the U.S., faces serious allegations detailed in a recent lawsuit filed in...more
At an emergency hearing this morning in National Treasury Employees Union v. Vought, Judge Amy Berman Jackson once again halted the layoffs of over 1,000 employees at the Consumer Financial Protection Bureau (CFPB). The judge...more
It was reported last night that the CFPB had laid off about 90% of its staff. This came on the heels of the CFPB providing each of its employees with its 2025 Supervisory and Enforcement Priorities which calls for a much...more
The Tennessee Supreme Court has recently held that there is no legal claim for wrongful discharge where an employer terminates an employee because the employee exercised a right set forth in the state Constitution. The...more
The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more
Employees who sue their former employer for wrongful termination following a workplace investigation may feel compelled to bring a claim for defamation, based on their belief that the allegations and/or investigation findings...more
On January 27, 2025 — seven days after he was sworn in — President Trump fired Gwynne Wilcox, a Democratic member, and former Chair of, the National Labor Relations Board (“NLRB” or the “Board”). Although Wilcox’s term was...more
A Performance Improvement Plan (“PIP”) is a long-standing HR tool for managing underperforming employees. Employers often use a PIP to document deficiencies and outline specific goals the underperforming employee must reach...more
If you’re an employment attorney, you’re likely following the litigation around the Federal Trade Commission’s final rule of April 23, 2024 that attempts to eliminate almost all post-employment covenants not to compete....more
Getting sued by a former employee can be a stressful experience for any employer, especially for a company that has just started to grow its workforce and is not experienced with these kinds of claims. Unfortunately, the cost...more
President Donald Trump last week removed National Labor Relations Board member Gwynne A. Wilcox and terminated the board’s general counsel, Jennifer Abruzzo. The president then fired acting General Counsel Jessica Rutter on...more
In an age where technology makes recording conversations easy and common, a recent wrongful dismissal case (Wan v H&R Block Canada Inc., 2024 ABKB 734) raises important questions about privacy, workplace ethics and the...more
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
In December 2024, the Court of Appeal for Ontario released its highly anticipated decision in Dufault v. Ignace (Township). The three-judge panel determined that the “for cause” termination clause contained in the employee’s...more
On Friday, December 27, 2024, the U.S. Court of Appeals for the Third Circuit in NLRB v. Starbucks Corp. vacated part of a National Labor Relations Board (NLRB) order on the grounds that it exceeded its authority in ordering...more
The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more
On December 27, 2024, the United States Court of Appeals for the Third Circuit (“the Third Circuit” or “the court”) vacated a portion of an NLRB (“the Board”) order requiring Starbucks to compensate two allegedly wrongfully...more
The Family and Medical Leave Act provides unpaid job-protected leave for a qualified employee to care for a spouse, parent, or child with a serious health condition. This means that FMLA protections do not extend to employee...more
The Sixth Circuit Court of Appeals recently issued a significant decision regarding the interpretation of the mysterious “in loco parentis” relationships under the Family and Medical Leave Act (FMLA). Chapman v. Brentlinger...more