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However, in a win for employers, the Texas Supreme Court recently ruled that Texas does not recognize such a claim, joining the majority of states and providing certainty to Texas employers.

The NLRB held that an employer violated the National Labor Relations Act by terminating an employee who engaged in a profane and insubordinate outburst.

After being nominated by President Biden on February 17, 2021, Jennifer Abruzzo was sworn in as General Counsel of the NLRB yesterday by Chairman Lauren McFerran. Abruzzo will serve a four-year term as General Counsel

In "Lane v. Francis Capital Mgmt. LLC", a California Court of Appeal held a former employee’s claim for unpaid wages were exempted from arbitration by California Labor Code section 229.

On September 12, 2011, the California Department of Fair Employment and Housing ("DFEH") announced its largest-ever administrative award of $846,300 (and no, that’s not a typo) against electrical supplier Acme Electric Corporation ("Acme") for firing an employee, Mr. Charles Richard Wideman, because he had cancer.

A Wisconsin court of appeals was not swayed by a recent argument that an employer did not violate the Wisconsin FMLA when the employer terminated an employee returning from medical leave for lacking work authorization.

One of the most challenging aspects of managing a workforce is policing FMLA abuse. One employer attempted to address the problem by hiring a private investigator to follow suspected FMLA abusers.

Some complainants in Equal Employment Opportunity Commission's closed cases that involved wage issues may receive new right-to-sue notices from the agency. The Commission seems to be reviewing these cases in response to the signing of the Lilly Ledbetter Fair Pay Act early this year.

The success or failure of an employer’s defenses in employment litigation often turns on what motivated a termination decision.

Employee misconduct is now arguably protected by Washington state’s anti-discrimination statute when it is "part and parcel" of an employee’s disability.

In the third episode of "Works for Me," Ward and Smith's labor and employment attorneys Will Oden and Grant Osborne, alongside Nina Pirrotti of Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. tackle the issue of unlawful employee termination from both the employer and employee sides.

In a case before the United States Court of Appeals for the Sixth Circuit, the Sixth Circuit ruled that the Americans with Disabilities Act (“ADA”) does not require accommodation of an employee based upon that employee’s “association” with the person who has the disability.

The NLRB recently issued its decision in Flex Frac Logistics, LLC, which the NLRB had remanded to the administrative law judge for further analysis.

Robert Swindol brought his gun to work . . . kind of. He parked his car in the Aurora Flight Services parking lot with his firearm locked inside.

The Ninth Circuit recently allowed a federal government contractor's employee to proceed with a discrimination lawsuit after he was denied a security clearance and then fired.

On February 22, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking (NPRM) to update and amend procedural regulations to fully digitize the EEOC's

Firing an employee can be much like breaking up with a significant other– stressful, messy, and awkward. No one wants to be the "bad guy," and oftentimes it feels kinder to sugarcoat...

A number of important employment law reforms are planned for this summer, the most important being the Government’s desire to reduce the volume of tribunal litigation in favour of alternative methods of dispute resolution.