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A Performance Improvement Plan ("PIP") is a long-standing HR tool for managing underperforming employees.

My grandmother, who for over 50 years took care of the babies in our church, only had one rule for me on Sundays: Don’t fall asleep during service!

On June 22, 2006, in Burlington Northern & Santa Fe Railway Co. v. White, the Supreme Court significantly expanded Title VII’s protection for employees who complain of discrimination. No. 05-259 [2006 WL 1698953]. Employers should note that this decision may lead to a dramatic increase in Title VII retaliation claims.

A recent lawsuit illustrates the potential liability employers face when making assumptions about an employee's disability limitations.

Montana is well-known in the employment world for deviating from the employment at-will doctrine. In Montana, employees are protected under the Wrongful Discharge from Employment Act (WDEA)

The National Labor Relations Board (NLRB) recently handed down yet another decision expanding the protections afforded to employees under the National Labor Relations Act (NLRA).

In the midst of the COVID-19 pandemic that is dominating the news, Virginia Governor Ralph Northam signed into law a slew of bills passed by the General Assembly...

Losing a job is never easy, but when a termination is unjust or illegal, it can have serious financial, professional and even psychological consequences.

When is it okay for an employee to steal trade secrets? According to the New Jersey Supreme Court, the answer is when an employee is trying to preserve evidence of discrimination.

Last week, a bipartisan group of Senators led by Senator Chuck Grassley (R-Iowa) introduced two pieces of proposed legislation, one of which would amend the FCA and the other of which would amend the PFCRA ...

The "Granston Memo" has proven to be a boon again in 2019 for False Claims Act ("FCA") defendants. In a January 15, 2019 Sheppard Mullin FCA Defense Blog article

Q: What are the implications of Viking River Cruises, Inc. v. Moriana for California's Private Attorney General Act?

Rein F. Krammer and David J. Stein capped off nearly two years of tireless effort on behalf of an optical development company with a week-long arbitration hearing in New York City...

Since 1990, the Ohio Supreme Court has recognized exceptions to the employment-at-will doctrine when "an at-will employee is discharged or disciplined for reasons that contravene clear public policy" as expressed by the state legislature. In the years since, the Ohio courts have recognized an ever-growing list of public policy exceptions, and Sutton v. Tomco Machine, Inc., 2011-Ohio-2723, is the latest development of this trend.

In the last few weeks of the year, employers may wish to review their compensation arrangements (including traditional nonqualified deferred compensation plans, discounted stock options and other covered arrangements) that are subject to Section 409A of the Internal Revenue Code to determine whether any last-minute compliance is required.

Few topics in the ERISA realm have received more press over the last few months than alternative investments in retirement plans. With the change in the Trump Administration, a change in tone from regulators...

As some employers are learning the hard way, the U.S. Equal Employment Opportunity Commission (EEOC) is taking a tough stance against inflexible leave of absence policies that call for automatic termination of employment when an employee cannot return to work upon expiration of the employer’s "maximum" medical leave period.