Article7 Key Steps To Ensure Compliance In Staff ReductionsThe 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 HRFisher Phillips LLP
ArticleCOVID-19: The Next Normal – International Guide SupplementGovernment 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 HRLittler Mendelson
ArticleEmployers Beware: Verbal Demands To Supervisors Can Result In Recognition Of A UnionWe 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 HRFrantz Ward
ArticleMassachusetts Appeals Court Weighs In On Public Policy Exception To General At-Will Employee Termination ClauseThe 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 HRProskauer Rose LLP
ArticleOhio Supreme Court Clarifies The "Clarity" Element Of Wrongful Discharge In Violation Of Public Policy ClaimsThe Ohio Supreme Court recently issued its second opinion this year addressing the tort of wrongful discharge in violation of public policy.United StatesEmployment and HROgletree, Deakins, Nash, Smoak & Stewart
ArticlePrognosis Negative: You’re Not Immune To Company Policy Under California Leave LawIn 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 HROrrick
ArticleSOX Whistleblower Receives $250,000 Award Related To State Wage Act ComplaintsThe 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 HRProskauer Rose LLP
ArticleSupreme Court Hands Starbucks Win Against National Labor Relations BoardOn 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 HRFoley & Lardner LLP
ArticleIndiana Supreme Court Limits Judicial Review Of County Employment DecisionsThe 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 SectorBarnes & Thornburg LLP
ArticleARB Issues Impactful Decision On Whistleblower Retaliation Causation StandardThe ARB recently addressed the standard for proving that protected activity was a "contributing factor" in adverse employment actions. United StatesEmployment and HRProskauer Rose LLP
ArticleARB Rejects SOX Claim Of Employee Who Threatened Co-WorkerComplainant was employed by the Company, a provider of fire protection and life safety systems, as a Senior Tech Representative.United StatesEmployment and HRProskauer Rose LLP
ArticleAre We Being Punked? EEOC Files Disability Discrimination Claim Against Disability Services ProviderEmployers often want bright line policies that are easy for supervisors to apply.United StatesEmployment and HRBradley Arant Boult Cummings LLP
ArticleCircuit Courts Split Over NLRB Remedy AuthorityThe 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 HRGenova Burns
ArticleInability To Perform A Specific Job Is Not A Substantial Impairment On Ability To Work, Says Second Circuit In Ada CaseIn 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 HRSquire Patton Boggs LLP
ArticleNew Form Of Retaliation Claim Recognized By Massachusetts High CourtFor 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 HRFoley & Lardner LLP
ArticleNLRB Decision To Reconsider Johnnie's Poultry Doctrine Remains PendingEarlier 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 HRHusch Blackwell LLP
ArticleSeventh Circuit Holds That FMLA Limitations Period Begins To Run At Time Of Each Leave DenialOn 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 HRProskauer Rose LLP
ArticleU.S. Supreme Court Holds That Resignation Triggers The Limitations Period For Constructive Discharge ClaimsThe 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 HRDickinson Wright PLLC
ArticleWhat To Do When Applicants Are Untruthful During The Hiring Process: Lessons For Nonprofits From The Spokane NAACP CaseNonprofit employers are entitled to hire and employ individuals based on information that is both accurate and truthful. United StatesEmployment and HRVenable LLP
Article4th Circuit: 4 Year Statute Of Limitations Applies To SOX ClaimsThe 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 HRProskauer Rose LLP