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  • Article

    Employee Could Proceed With Whistleblower Claims

    Brian McVeigh, a former Operations Supervisor for Recology, alleged Recology fired him in retaliation for his reporting possible fraud in connection with California Redemption Value payments made by and to Recology for recycled materials.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employee Could Proceed With Whistleblower Lawsuit Based On Employer’s Mistaken Belief She Had Complained

    Cecilia Diego sued her former employer for retaliation in violation of public policy that resulted from the director's mistaken belief that Diego had lodged a complaint with the California Department of Social Services...
    United StatesEmployment and HR
    Proskauer Rose LLP
Proskauer Rose LLP
  • Article

    Employee Was Properly Terminated For Lying And Failing To Cooperate During Company Investigation

    John McGrory sued his former employer, alleging he was unlawfully retaliated against for being uncooperative and deceptive during a company investigation into allegations that he had discriminated against a subordinate employee on the basis of her gender and sexual orientation.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employer Cannot Waive Unconscionable Portions Of Arbitration Agreement

    The arbitration agreement in Capili contained several substantially unconscionable provisions—including a forum selection clause that designated Indiana as the forum for disputes for California employees...
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Employer May Have Feha Liability If It Exercised Direction/Control Over Temp Worker

    Elvia Velasco Jimenez asserted claims under the FEHA against her "contracting employer," a manufacturing company named U.S. Continental Marketing Inc. ("USCM")
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employer Ordered To Pay Whistleblower $100,000 In Punitive Damages

    In a recent Federal District Court OSHA 11(c) retaliation case, Perez v. Sandpoint Gas N Go, 14-cv-357 (9-29-2015)...
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Employer Ordered To Pay Whistleblower $100,000 Punitive Damages

    In this case, the whistleblower had contacted OSHA in 2012 to complain about workplace safety issues.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Employer Was Deprived Of Due Process By Trial Court's Erroneous Use Of Representative Sampling

    U.S. Bank ("USB") appealed a $15 million judgment that was entered against it following a bifurcated bench trial.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employer's Guide To Doing Business In California – Newly Updated

    We recently updated a 15-page brochure that summarizes California's unique employment law requirements. And it's completely free.
    United StatesEmployment and HR
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Employers Will Now Be Stuck With Mixed-Guard Unions

    Under the National Labor Relations Act ("NLRA"), the National Labor Relations Board may not certify a union to represent a bargaining unit if the union admits into membership both guards and non-guards.
    United StatesEmployment and HR
    Miles & Stockbridge
    Miles & Stockbridge
  • Article

    Employers Win: Lower Burden Of Proof Required To Prove FLSA Exempt Status

    In E.M.D. Sales, Inc. v. Cabrera, the Supreme Court unanimously held that a preponderance of the evidence standard applies when an employer must demonstrate...
    United StatesEmployment and HR
    Liskow
    Liskow
  • Article

    Employment Arbitration Agreements: What Are The Good For?

    34th Annual Parsons Behle & Latimer Employment Law Seminar 16 June 2022.
    United StatesEmployment and HR
    Parsons Behle & Latimer
    Parsons Behle & Latimer
  • Article

    Enhanced Redundancy Package Based On Custom And Practice, HR Headlines

    The Courts have recently addressed the issue of whether an employee is entitled to an enhanced redundancy payment based on the custom and practice of the employer.
    United StatesEmployment and HR
    Jones Day
    Jones Day
  • Article

    Federal Agencies Significantly Increase Fines For I-9 Violations

    The U.S. Departments of Labor, Homeland Security and Justice have announced that significantly higher civil fines will be assessed against employers who commit Form I-9 and E-Verify violations.
    United StatesEmployment and HR
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Federal Contractors’ Posting Requirements On NLRA Rights

    On May 20, 2010, the Federal Register published the final rule detailing the contents of a notice federal contractors and subcontractors must post, advising employees of their rights under the National Labor Relations Act ("NLRA").
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Federal Court Blocks "Request Arbitration, Go To Jail" Law In California

    As we reported previously [here], Assembly Bill 51, which would impose criminal penalties upon employers ...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    FEHA Limitations Period Cannot Be Shortened by Agreement

    A California Court of Appeal held that an employer’s attempt to shorten the one year statute of limitations was against public policy and unenforceable.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Fifth Circuit Refuses Application Of Bright-Line Test In FLSA Seaman Exemption Dispute

    On November 13, 2014, the Fifth Circuit handed down its opinion in Coffin v. Blessey Marine Services, Inc., No. 13-20144, 2014 WL 5904734 (5th Cir. Nov. 13, 2014). The opinion addressed several key factors related to the FLSA’s seaman exemption.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Fisher Phillips California Partners Publish On Encino Motorcars Decision

    Written by Wendy McGuire Coats, Todd Scherwin and Karl Lindegren, the article, "Encino: Deference challenged & ‘fair' is back,"
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Fisher Phillips Partner Explains What Reviving Workplace Claims Means For Employers

    Overturning 40 years of precedent, the Tenth Circuit Court of Appeals has ruled that an employee's failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit.
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Showing 241–260 of 8398 results

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