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  • Article

    7 Key Steps To Ensure Compliance In Staff Reductions

    The U.S. energy industry, which has been a job creator and economy driver for years, is in the throes of a significant downturn due to the dropping price of crude oil.
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    COVID-19: The Next Normal – International Guide Supplement

    Government officials across the world are easing up, or preparing to ease up, on the stringent business closures and stay at home orders that were implemented to slow the spread of COVID-19.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Employers Beware: Verbal Demands To Supervisors Can Result In Recognition Of A Union

    We previously reported in August on the National Labor Relations Board's decision in Cemex Construction Materials Pacific, NLRB Case No. 28-CA-230115, 327 NLRB No. 130 (August 25, 2023)...
    United StatesEmployment and HR
    Frantz Ward
    Frantz Ward
  • Article

    Massachusetts Appeals Court Weighs In On Public Policy Exception To General At-Will Employee Termination Clause

    The Massachusetts Appeals Court, in a slip op opinion issued on January 20, 2021, decided that at-will employees can be terminated for submitting rebuttal letters pursuant to G.L.c. 149, §52C.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Ohio Supreme Court Clarifies The "Clarity" Element Of Wrongful Discharge In Violation Of Public Policy Claims

    The Ohio Supreme Court recently issued its second opinion this year addressing the tort of wrongful discharge in violation of public policy.
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Prognosis Negative: You’re Not Immune To Company Policy Under California Leave Law

    In Richey v. Autonation, Inc., the California Supreme Court reinstated an arbitration award against the plaintiff and confirmed that employers retain the right to terminate employees who violate company policy...
    United StatesEmployment and HR
    Orrick
    Orrick
  • Article

    SOX Whistleblower Receives $250,000 Award Related To State Wage Act Complaints

    The ARB recently concluded that a former program manager was entitled to recover more than $250,000 in back pay and benefits under Section 806 of SOX based on his discipline and constructive discharge.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Supreme Court Hands Starbucks Win Against National Labor Relations Board

    On June 13, 2024, the U.S. Supreme Court ruled in Starbucks' favor in Starbucks v. The National Labor Relations Board, holding that when seeking a Section 10(j) preliminary injunction...
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Indiana Supreme Court Limits Judicial Review Of County Employment Decisions

    The Indiana Supreme Court has determined that terminated county employees do not have the right to sue county commissioners to obtain judicial review.
    United StatesGovernment, Public Sector
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    ARB Issues Impactful Decision On Whistleblower Retaliation Causation Standard

    The ARB recently addressed the standard for proving that protected activity was a "contributing factor" in adverse employment actions.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    ARB Rejects SOX Claim Of Employee Who Threatened Co-Worker

    Complainant was employed by the Company, a provider of fire protection and life safety systems, as a Senior Tech Representative.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Are We Being Punked? EEOC Files Disability Discrimination Claim Against Disability Services Provider

    Employers often want bright line policies that are easy for supervisors to apply.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Circuit Courts Split Over NLRB Remedy Authority

    The scope of NLRB remedies for unfair labor practice violations has been disputed since December 2022, when the Board in a novel case called Thryv, Inc.
    United StatesEmployment and HR
    Genova Burns
    Genova Burns
  • Article

    Inability To Perform A Specific Job Is Not A Substantial Impairment On Ability To Work, Says Second Circuit In Ada Case

    In Woolf v. Strada, decided by the U.S. Court of Appeals for the Second Circuit in February 2020, the court considered whether the...
    United StatesEmployment and HR
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
  • Article

    New Form Of Retaliation Claim Recognized By Massachusetts High Court

    For years, most observers believed that the Massachusetts Personnel Records Statute (MPRS) – which requires Massachusetts employers with 20 or more employees to maintain a personnel record...
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    NLRB Decision To Reconsider Johnnie's Poultry Doctrine Remains Pending

    Earlier this spring, in a 3-1 vote, the Board issued a notice and solicited briefs on whether to reconsider Johnnie's Poultry doctrine (doctrine), which was established in the 1964 Board decision, Johnnie's Poultry Co.
    United StatesEmployment and HR
    Husch Blackwell LLP
    Husch Blackwell LLP
  • Article

    Seventh Circuit Holds That FMLA Limitations Period Begins To Run At Time Of Each Leave Denial

    On October 20, the Seventh Circuit held that a former state employee's Family and Medical Leave Act ("FMLA") denial of leave claim was untimely because suit was not filed until the employee was fired for her poor attendance record and not within two years of each alleged leave denial.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    U.S. Supreme Court Holds That Resignation Triggers The Limitations Period For Constructive Discharge Claims

    The United States Supreme Court resolved a split among appellate circuits about when an employee must take action to pursue a constructive discharge claim.
    United StatesEmployment and HR
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    What To Do When Applicants Are Untruthful During The Hiring Process: Lessons For Nonprofits From The Spokane NAACP Case

    Nonprofit employers are entitled to hire and employ individuals based on information that is both accurate and truthful.
    United StatesEmployment and HR
    Venable LLP
    Venable LLP
  • Article

    4th Circuit: 4 Year Statute Of Limitations Applies To SOX Claims

    The Fourth Circuit recently held that SOX whistleblower retaliation claims are subject to a four-year statute of limitations and that emotional distress damages are available in SOX actions.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP

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