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  • Article

    The FTC Shifts Its Focus From A Blanket Ban On Noncompete Agreements To Rigorous Enforcement Against Anticompetitive Overreach

    The Federal Trade Commission recently announced that it is no longer seeking to enforce its April 2024 final rule, which banned noncompete agreements nationwide.
    United StatesEmployment and HR
    Senn Fortis (formerly Fortis law Partners)
    Senn Fortis (formerly Fortis law Partners)
  • Article

    The National Labor Relations Board Loses Deference In Pursuit Of Preliminary Injunctions

    The Supreme Court recently resolved a split among circuits regarding the standards that the National Labor Relations Board (NLRB or "Board") must meet to obtain a temporary injunction pending resolution...
    United StatesEmployment and HR
Foley Hoag LLP
Foley Hoag LLP
  • 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

    The Seinfeld Defense: Poppy Seed Consumption May Actually Cause Drug Test Failure

    Elaine Benes loved poppy seed muffins. That is, until she failed a drug test at work for opium. That's right. As Peterman said, "White Lotus. Yam-yam. Shanghai-Sally."
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    There's A New Remedy In Town: NLRB Adds Consequential Damages As A Remedy For Unfair Labor Practices

    On December 13, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or the Board) added consequential damages as a "make-whole" remedy for unfair labor practices,...
    United StatesEmployment and HR
    Venable LLP
    Venable LLP
  • Article

    Top Five Labor Law Developments For September 2024

    The International Longshoremen's Association (ILA) ended its strike across the East Coast and Gulf Coast ports after reaching a tentative wage agreement with the U.S. Maritime Alliance (USMX).
    United StatesEmployment and HR
    Jackson Lewis P.C.
    Jackson Lewis P.C.
  • Article

    TUPE And Administrations: Oakland V Wellswood Rejected

    Administrations, including "pre-packs", are not capable of constituting "insolvency proceedings...instituted with a view to the liquidation of the assets of the transferor" within the meaning of Regulation 8(7) of TUPE.
    United StatesEmployment and HR
    Jones Day
    Jones Day
  • Article

    Undocumented Workers Are Protected By Wisconsin's FMLA

    Wisconsin’s court of appeals, in a published opinion written by Judge Reilly, recently decided that undocumented workers are protected by Wisconsin’s Family and Medical Leave Act.
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner 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
  • Article

    Valuation Of Economic Damages Sustained From Wrongful Termination Identifies Large Recovery In Lost Earnings For Plaintiff

    Following his termination from employment, the chief medical officer of a large international company filed a complaint alleging the company's decision was the unjust result of his whistleblowing activities.
    United StatesEmployment and HR
    DiGabriele, McNulty, Campanella & Co., LLC
    DiGabriele, McNulty, Campanella & Co., LLC
  • Article

    Virginia Expands Limits On Non-Competes

    Virginia already precludes covenants not to compete with “low-wage employees” who earn less than the average weekly wage in Virginia or who are not exempt from overtime under the federal Fair Labor Standards Act.
    United StatesEmployment and HR
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Virginia Supreme Court Denies Expansion Of Public Policy Exception For Wrongful Termination Claims

    The Supreme Court of Virginia, in Francis v. National Accrediting Commission of Career Arts & Sciences, Inc., No. 160267, reaffirmed that the public policy exception to Virginia's employment at-will doctrine is a narrow one.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    When Firing A Sympathetic Employee – Circumstances Matter A Lot

    The recent case of Carroll v. Comprehensive Women's Health illustrates the importance of circumstances and perception when terminating a "sympathetic" employee.
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Work Beyond Pay Grade Can Be Grounds For Constructive Termination, Court Rules

    The federal court for the Northern District of California recently declined to dismiss a former Al Jazeera International employee's constructive wrongful termination claim against the news outlet...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Constructive Discharge Law in Colorado

    So a "problem employee" has resigned before you had to terminate him. Your problems are over, right? No employee who has resigned can bring a claim against her employer, can she?
    United StatesGovernment, Public Sector
    Rothgerber Johnson & Lyons LLP
    Rothgerber Johnson & Lyons LLP
  • Article

    Employment Arbitration Policies Must Expressly Exclude NLRA Charges

    All private sector employers that maintain mandatory employment arbitration policies for nonunion employees should review those policies as a consequence of the recent decision of the National Labor Relations Board ("the Board" or NLRB) in U-Haul Co. of California, 347 NLRB No. 34 (2006).
    United StatesLitigation, Mediation & Arbitration
    Littler Mendelson
    Littler Mendelson
  • Article

    What's Next For Kevin Ollie And UConn? We Asked Lawyers To Weigh In

    It was apparent within hours of Kevin Ollie's firing five months ago that UConn officials and the former coach would not have a clean separation with $10 million still on the line.
    United StatesMedia, Telecoms, IT, Entertainment
    Withers LLP
    Withers LLP
  • Article

    Ninth Circuit Finds FAA Preempts Safety-Related Wrongful Termination Claim

    The Ninth Circuit held that the FAA preempts state law wrongful termination claims where the factfinder would need to intrude upon the field of aviation safety.
    United StatesTransport
    Ford Harrison LLP
    Ford Harrison LLP
  • Article

    High Court Resolves Circuits. Disagreement Regarding Constructive Discharge as Tangible Employment Action

    On June 14, 2004, the U.S. Supreme Court, in an 8-1 decision, held that a claim of constructive discharge is not necessarily a tangible employment action preventing an employer from raising the Ellerth/ Faragher affirmative defense. The Court resolved the disagreement among the circuits regarding this issue and found that the Third Circuit Court of Appeals had erred in declaring the Ellerth/Faragher affirmative defense never available in constructive discharge cases.
    United StatesEmployment and HR
    DLA Piper Rudnick Gray Cary
    DLA Piper Rudnick Gray Cary
  • Article

    Improper HIPAA Disclosure Results in Termination and Legal Dispute

    The Kentucky Court of Appeals recently held that a hospital acted lawfully in terminating the employment of a nurse for violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Showing 241–260 of 829 results

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