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  • Article

    NLRB Issues Strategic Plan For Coming Years

    The NLRB recently made public its NLRB Strategic Plan FY 2019-FY2022 wherein it states it wants to reduce time to handle cases before it by 5% per year at each stage of the case processing.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Now We've Got Your Attention: Recent Amendments To SF Fair Chance Ordinance Give Job Applicants Right To Sue And Send Penalties Soaring

    San Francisco recently added significant teeth to its "Fair Chance" ordinance, which is designed to give applicants who have criminal histories a chance to get their foot in the door without...
    United StatesEmployment and HR
    Orrick
    Orrick
  • Article

    RLA "Minor Dispute" Preemption Alive And Well As A Potential Defense In State Court

    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.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Spring Forward Or Fall Back: Supreme Court Determines The Clock On Constructive Discharge Claims Now Begins At Resignation

    On March 22, 2010, Green alleged to an Equal Employment Opportunity counselor that he had been constructively discharged.
    United StatesEmployment and HR
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Supreme Court Restates Duty To Monitor Retirement Plan Costs And Options In Hughes V. Northwestern University

    On Jan. 24, 2022, the U.S. Supreme Court, in an 8-0 decision*, reaffirmed and extended its holding in the 2015 Tibble v. Edison case, such that ERISA retirement plan fiduciaries, as part of their duty of prudence...
    United StatesEmployment and HR
    Armstrong Teasdale LLP
    Armstrong Teasdale LLP
  • Article

    Sweeping Changes To French Labor Laws Signal Employer-Friendly Future

    Today, the French labor market experienced the start of a power swing, from its historically employee-friendly labor regime to a more employer-friendly set of laws...
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Termination Documentation

    When terminating an employee, an employer should create documentation showing the reason for and circumstances relating to the termination.
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Termination For Fear Of Complaint Is Unlawful Retaliation

    An employer is liable for retaliation when it terminates an employee out of fear that the employee may, in the future, file a workplace safety complaint.
    United StatesEmployment and HR
    Sheppard
    Sheppard
  • Article

    The Ten Commandments Of Firing: Part 3, Commandments VII - X

    In most states, the implied covenant of good faith and fair dealing that is typical in written business contracts does not apply to employment contracts or employment relationships.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    UConn's Ollie Challenges "Just Cause" Termination

    On March 10th, the University of Connecticut announced that it was firing Head Men's Basketball Coach, Kevin Ollie. Despite winning a National Championship in 2014, the firing was not a surprise to Husky fans.
    United StatesEmployment and HR
    Withers LLP
    Withers LLP
  • Article

    What Can Trump At-Will Employment?

    Thinking about terminating an employee who recently came to work for you? You may be feeling relatively safe.
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Whistleblower Wins Reinstatement Fight, Demonstrating The Need For Detailed Personnel Files

    Shortly before Townsend was terminated, his corporate credit card had been suspended for about six months, because his wife had inadvertently used his expense reimbursements from Bayer to pay other bills.
    United StatesEmployment and HR
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    You Can’t Fire Me! I’m Disabled!

    For years, courts have often ruled that employees cannot use last-minute declarations of disabilities to protect themselves from the potential consequences of their actions or avoid getting fired.
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Termination Of Employee Refusing To Perform Copyright Infringement Was Illegal

    The Texas Court of Appeals for the Second District found that an employee was wrongfully terminated from an architecture firm when he refused to engage in behavior that he believed would expose him to liability for criminal copyright infringement.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    $300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award

    Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Board Upholds Firing Of Employee For Violating Overbroad And Unlawful Confidentiality Rule

    The NLRB recently held that an employer lawfully terminated an employee for intentionally violating an overbroad and unlawful confidentiality rule.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Is Staying Out Of Court On Your List Of New Year's Resolutions?

    I live by "To Do" lists, which help me get things accomplished from work to shopping, and everything in between. Perhaps the most significant "To Do" list is the one we should be considering and writing in the next few days - our resolutions for 2012.
    United StatesEmployment and HR
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    New Trial Threat To California Employers Has Arrived

    A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    New York Appellate Court Declines To Enforce Noncompetes Against Employees Terminated Without Cause

    A recent decision by the New York Supreme Court, Appellate Division for the First Department, Buchanan Capital Markets, LLC v. DeLucca, suggests that noncompetition restrictions against employees...
    United StatesEmployment and HR
    BakerHostetler
    BakerHostetler
  • Article

    New York Employers May Soon Face New Separation Agreement Procedural Requirements

    New York State Legislature has passed a bill that would require employers to provide employees with a minimum 21-day review period and 7-day revocation window for separation agreements involving the release of claims. The proposed "No Severance Ultimatums Act" extends procedural protections similar to those under federal age discrimination law to all covered severance agreements, regardless of employee age, and awaits Governor Hochul's signature.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP

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