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  • Article

    Administration Limits Nonimmigrant Visas. (Beltway Buzz, June 26, 2020)

    On June 22, 2020, President Trump issued a Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Another Gargantuan California Verdict… This Time For $18.6 Million

    A San Diego jury awarded that amount to a former employee who claimed he was wrongfully terminated based on his arrest record and then defamed.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Appellate Division Panel Issues Ruling Broadly Interpreting New York State Human Rights Law

    On January 14, 2015, the New York Supreme Court held that an employee can sufficiently demonstrate his membership in a protected class by virtue of his association with another person – in this case, his wife.
    United StatesEmployment and HR
    Sheppard
    Sheppard
  • 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

    Can Employers Fire Employees Participating In ‘A Day Without Immigrants' National Strike?

    Employers considering firing employees for participating in ‘A Day Without Immigrants" strike, or any strike for that matter, need to keep in mind the National Labor Relations Act (NLRA).
    United StatesEmployment and HR
    Archer & Greiner P.C.
    Archer & Greiner P.C.
  • Article

    Employee’s Termination Considered Separate And Discrete Act For Statute Of Limitations Purposes

    The United States District Court for the District of New Jersey dismissed a former employee’s unlawful termination claim.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Federal Court Allows Sex And Disability Discrimination Claims To Proceed Against Oracle

    A Pennsylvania federal judge allowed Dana Rivkind's sex and disability discrimination claims against Oracle America Inc. to proceed, while dismissing her hostile work environment, retaliation, and emotional distress claims. The case examines whether Oracle's actions following Rivkind's whistleblowing about a Metaverse project—including medical evaluations, isolation, and eventual termination—constituted unlawful discrimination based on sex and disability.
    United StatesEmployment and HR
    Hall Benefits Law
    Hall Benefits Law
  • Article

    Investment Firm Cited For Violating National Labor Relations Act By Firing Financial Consultant For Complaining About Compensation

    An investment firm violated the National Labor Relations Act by firing a non-union financial consultant who had complained openly about the firm’s proposed compensation plan.
    United StatesEmployment and HR
    Dorsey & Whitney LLP
    Dorsey & Whitney LLP
  • Article

    Labor, Employment And Employee Benefits Legal Update

    City of Newton's Involuntary Transfer of Police Sergeant was an Adverse...
    United StatesEmployment and HR
    Mirick O’Connell
    Mirick O’Connell
  • 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

    NLRB Finds Confidentiality And Non-Disparagement Provisions In Severance Agreements Unlawful

    The National Labor Relations Board ("NLRB") ruled this week in the McLaren Macomb case, a decision applicable to both non-unionized and unionized employers, that merely including standard...
    United StatesEmployment and HR
    Liskow
    Liskow
  • Article

    Practical Tips For Maintaining Dignity During Termination Meetings: Everybody Wins

    This past week, the nation was shocked with yet another senseless act of violence in the workplace. On Monday, a disgruntled former employee, walked into his former employer's job site and killed 5...
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Retirement Benefits: Which Way Does The Whistle Blow?

    The Issue: A terminated employee makes a claim against the employer for damages. The company says it fired him for stealing from the company.
    United StatesEmployment and HR
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Senate Passes Lilly Ledbetter Fair Pay Act

    On Jan. 22, 2009, the U.S. Senate passed the Lilly Ledbetter Fair Pay Act of 2009 by a vote of 61-36.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Students May Sue Professors Individually For Sexual Harassment Under Massachusetts Law

    The Massachusetts Supreme Judicial Court held in Sabatini v. Knouse that a student sexually harassed in an academic setting may sue the individual perpetrator directly under G. L. c. 214, § 1C, not just the educational...
    United StatesEmployment and HR
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    The End Of Day-one Unfair Dismissal Rights

    Following back and forth amendments between the Lords and Commons, on 27 November the Commons gave way and agreed that the Employment Rights Bill...
    United StatesEmployment and HR
    Bryan Cave Leighton Paisner
    Bryan Cave Leighton Paisner
  • Article

    The New Administration's Goals Regarding Unionizing Under The Taft-Hartley Act

    Sen. Robert A. Taft, our firm's namesake, introduced the Taft-Hartley Act in the Senate.
    United StatesEmployment and HR
    Taft, Stettinius & Hollister LLP
    Taft, Stettinius & Hollister LLP
  • Article

    Third Circuit Confirms "But-For" Standard For Retaliation Claims Under The False Claims Act

    Last month, the Third Circuit Court of Appeals held that an employee's protected activity must be the "but for" cause of an adverse action to support a claim for retaliation under the False Claims Act.
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Unfortunately, Offensive Racial Comments Don't Always Get You Fired (At Least Under Labor Law)

    Under the National Labor Relations Act, certain union activities are considered "protected."
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP

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