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  • Article

    New Jersey Law Against Discrimination: Third Circuit Strikes Down Background Circumstances Rule

    In Massey v, Borough of Bergenfield, __ F.4th __ (3d Cir. 2026), the U.S. Court of Appeals for the Third Circuit held that a white employee who alleged...
    United StatesEmployment and HR
    FBT Gibbons
    FBT Gibbons
  • Article

    Silence Is Golden: Case Dismissal Affirmed Under Five-year Rule Because Defendants Need Not Object To An Untimely Trial Date

    There is truth to the proverb that "a closed mouth catches no flies." In Randolph v. Trustees of the California State University, 3rd App. Dist. C102901 (Jan. 15, 2026)...
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Defamation On FINRA Forms U-5 Of Financial Advisors In The Securities Industry Can Be Expunged

    An industry standard known as the FINRA Form U-5 is the personnel report used in the securities business to explain the reason for termination of a FINRA-registered...
    United StatesLitigation, Mediation & Arbitration
    Kilgore & Kilgore
    Kilgore & Kilgore
  • Article

    Even The DCHRA Has Its Limits: Court Dismisses Discrimination Claim By Employee Allegedly Terminated For Opposing Gay Marriage

    The US District Court for the District of Columbia recently dismissed a former university employee’s claims under the District of Columbia Human Rights Act.
    United StatesEmployment and HR
    ArentFox Schiff
    ArentFox Schiff
  • Article

    Is Social Awkwardness A Valid Reason To Terminate An Employee?

    Her job duties included assessing, diagnosing, and treating patients under the supervision of a physician.
    United StatesEmployment and HR
    Ford Harrison LLP
    Ford Harrison LLP
  • Article

    NLRB Advice Memo Clears Employer In Political Protest Firings And Signals Future Action

    The NLRB's Division of Advice recently cleared an employer of unfair labor practice charges after firing two employees who organized a political protest on company property. The decision hinges on whether the protest constituted protected concerted activity under the NLRA, with the agency finding the connection to workplace concerns too attenuated. In a significant footnote, General Counsel Crystal Carey signaled her intent to overturn recent precedent that protected activity with "an objective" the NLRA pr
    United StatesEmployment and HR
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    Second Circuit Holds That SOX Whistleblower Claims May Be Subject To Mandatory Arbitration

    On October 2nd, the Second Circuit affirmed an order of the District of Connecticut compelling a plaintiff to arbitrate her claims against her former employer under the whistleblower provision of Sarbanes-Oxley Act ["SOX"], 18 U.S.C. § 1514A.
    United StatesEmployment and HR
    Jones Day
    Jones Day
  • Article

    E.D. Va. Dismisses Bayer's Section 43(a) Claims But Affirms TTAB's Cancellation Of Belmora's FLANAX Registration

    When we last visited (here) the long-running Bayer versus Belmora battle over the mark FLANAX, the U.S. Court of Appeals for the Fourth Circuit had reversed and remanded the case to the U.S. District
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Appellate Court Requires Strict "Knowing And Voluntary" Arbitration Waiver

    In the last several years many employers have incorporated arbitration agreements in their employment policies and handbooks. These agreements request that employees waive their right to judicial relief for employment-based disputes and require arbitration of all employment-related claims.
    United StatesLitigation, Mediation & Arbitration
    DLA Piper Rudnick Gray Cary
    DLA Piper Rudnick Gray Cary
  • Article

    Bad Hair Day Evolves Into Conduct Protected By The NIRA

    Nichole Wright-Gore, a supply clerk in a non-union nursing home, had a bad hair day. To hide her embarrassment, she wore a hat.
    United StatesEmployment and HR
    Duane Morris LLP
    Duane Morris LLP
  • Article

    California Employment Law Notes - January 2016

    Jabari Jumaane, an African-American firefighter with the Los Angeles Fire Department, sued the City of Los Angeles for racial discrimination, harassment and retaliation.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Claim Employer Exaggerated Scope Of Noncompete Survives Motion To Dismiss In Illinois Federal Court

    In a recent decision, a federal trial court in Illinois allowed an employee's tortious interference claim to continue against his former employer alleging it had exaggerated the reach...
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Deal Or No Deal? Ontario, Canada Court Determines Employer And Employees Agreed To Settlement Absent Written Contract

    In a recent appeal to the Divisional Court of Ontario's Superior Court in Shete, Lada, and Chung v. Bombardier Inc., 2019 ONSC 4083.
    United StatesEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    F-Word Facebook Firing Flipped By Federal Court

    In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss...
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Federal Court Rejects Fired Employee’s Sarbanes-Oxley "Whistleblower" Claim

    Because the Sarbanes-Oxley Act (SOX) is still fairly new, federal courts are just now being asked to decide what kinds of activities will be considered "protected" for purposes of triggering a whistleblower claim under the statute. A Michigan district court managed to duck the issue recently when it held that, even assuming the former employee had satisfied the "protected activity" requirement, he had failed to establish a causal connection between those activities and his termination.
    United StatesEmployment and HR
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    Has The "Outer Limit" Contract Reached Its Expiry Date?

    It is common for employers to bring on employees for limited term employment, where work may not be ongoing.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    I Was Just Put On A PIP - What Do I Do Now?

    Performance Improvement Plans can serve as legitimate tools for addressing employee deficiencies, but they may also mask discriminatory or retaliatory motives, particularly when issued following protected workplace activities. Understanding how to evaluate a PIP's accuracy, achievability, and timing is crucial for employees who find themselves subject to these formal performance reviews.
    United StatesEmployment and HR
    Wilentz, Goldman & Spitzer
    Wilentz, Goldman & Spitzer
  • Article

    It's A Win-Win For California Employers

    This spring, California employers received two rare and substantial victories, alleviating some of the burden caused by frequent and costly wage and hour claims that plague California businesses.
    United StatesEmployment and HR
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    January 2016 California Employment Law Notes

    We invite you to review our newly-posted January 2016 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Joint-Employer Extension (Beltway Buzz, December 14, 2018)

    Joint-Employer Extension. This week the National Labor Relations Board (NLRB) further extended the deadline for submission of comments in response to its proposed joint-employer rulemaking.
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Showing 501–520 of 829 results

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