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In a recent case, U.S. Magistrate Judge K. Gary Sebelius, granted in part, and denied in part, the defendants' motion for sanctions, holding that the defendants failed to demonstrate that the plaintiff destroyed relevant evidence.

In an opinion issued on August 22, a federal judge in Washington, D.C., reiterated that a member of a protected class can, in fact, discriminate against members of that class. In Moore v. Howard University, a former security guard alleged that the university terminated his employment because of his race.

Plan administrators sometimes are confronted with claims that appear untimely, but nevertheless focus solely on the substantive issue raised by the claim.

A federal district court in New Jersey granted summary judgment in favor of New Jersey Bac Health Fund, finding the limitations provision set forth in the Fund’s SPD to be reasonable.

Since the recent Dobbs decision, which overturned Roe v. Wade, companies have been impacted nationwide and have several new legal angles to consider as it relates to their employees and their businesses.

Given the fragility of the attorney-client privilege, one might think that any public disclosure of privileged communications automatically causes a waiver.

As we previously reported, this past August, the D.C. Circuit Court of Appeals upheld the Department of Labor's Final Rule imposing sweeping changes to the former companionship exemption under the Fair Labor Standards Act.

I’ve posted before on the issue of background checks for employees; see prior posts here and here.

Cecilia Arce worked as a certified nursing assistant at a skilled nursing facility. After her employer terminated her, she brought claims under the Private Attorneys General Act ("PAGA")...

Lynn Grande was assigned through a temporary staffing agency (FlexCare) to work as a nurse at Eisenhower Medical Center.

Manuel Tabarrejo was employed as a caregiver by Princess Retirement Homes, Inc. ("PRH").

In an underlying lawsuit, Wanke sued its former employees Scott Keck and Jacob Bozarth for misappropriation of trade secrets, among other things.

PCGH sued its former employee, Thomas Keck, to collect on an unpaid promissory note.

In Mann v. Staples, Inc., 2012 WL 3101310 (App. Div. August 1, 2012), a case argued by an attorney in Ogletree Deakins’ New York office, the New Jersey Appellate Division dismissed a female employee’s NJLAD discrimination claims against her employer notwithstanding that her co-worker allegedly subjected her to several bouts of unwelcome sexual harassment over the course of several months—a kiss on the cheek, crude sexual comments, and an attempted grope of her breast.

Pamela Silva sued her former employer, See’s Candy, for various wage-and-hour violations.

In a very recent opinion that could have profound implications for many employers, the New Jersey Appellate Division held that "a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving."

As reported in our July issue of HR Headlines, the introduction of fees in the Employment Tribunal which took effect on 29 July 2013 has caused some discontent amongst the Trade Unions.

In addition to certain other allegations related to specifics of the COBRA Notice, he alleged that the notice should have been provided in Spanish.