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  • Article

    NLRB Restores Precedent, Gives Employers Freedom To Unilaterally Discipline Union Employees Between Certification And First Contract

    The National Labor Relations Board continues to overrule Obama-Board precedent at a rapid pace. (See our prior blog posts here, here and here for a few recent examples.)
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    NLRB "Unfriends" Employer Over Facebook "Like"

    Jillian Sanzone, a waitress/bartender, was one of several employees who discovered that they owed more in state income taxes than they had expected.
    United StatesEmployment and HR
    BakerHostetler
BakerHostetler
  • Article

    Paycheck Protection Program Loan Forgiveness Application Provides Long-Awaited Clarity

    On May 15, 2020, the Small Business Administration, in consultation with the Department of the Treasury, released the Paycheck Protection Program Loan Forgiveness Application...
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    SCOTUS Slams Door On Attempt To Expand Retaliation Law

    The U.S. Supreme Court declined to broaden the definition of "whistleblower" in federal anti-retaliation law, ruling that employees who simply raise complaints with their employers are not protected by the Dodd-Frank Act despite regulations which sought to provide additional protections.
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Washington Supreme Court Decides Case Involving Claims for Wrongful Discharge and Employer Duties Arising From Employment Manuals

    In December 2005, the Supreme Court of Washington filed its decision on Korslund v. Dyncorp Tri-Cities. In this case, the court considered the following three issues: (1) whether forced medical leave amounts to discharge; (2) under what circumstances a plaintiff may bring a claim of wrongful discharge or retaliation in violation of public policy; and (3) whether a promise of specific treatment is enforceable.
    United StatesEmployment and HR
    Williams Kastner
    Williams Kastner
  • Article

    DC Repeals Tipped Worker Wage Law But Imposes New Requirements On Employers Of Tipped Workers

    The District of Columbia Council recently repealed a law approved by voters in a June 2018 referendum that would have fundamentally changed the way tipped workers in the District are paid.
    United StatesEmployment and HR
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Mandatory Follow-Up Alcohol Testing Violates Rights Of Alcoholic Employees, NJ Appeals Court Concludes

    A workplace policy requiring all employees who self-identify as in need of substance abuse treatment to submit to random alcohol testing following their return to work constitutes disability discrimination on its face.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Second Circuit Says Facebook Profanity Directed At Employer Is Protected

    Lastly, all employers should review their Internet and/or social media policies in the context of the Triple Play decision.
    United StatesEmployment and HR
    Holland & Knight
    Holland & Knight
  • Article

    When Headlines Become Lawsuits: Defending A Prestigious Maryland School In A High-Stakes Whistleblower Trial

    A Maryland private school faced a high-profile whistleblower retaliation lawsuit after terminating its Chief Financial Officer, who claimed he was fired for reporting discrimination concerns. The case, which drew front-page media attention, threatened the institution's reputation and required a defense strategy that would uncover the truth behind conflicting narratives about performance issues versus retaliation claims.
    United StatesEmployment and HR
    Carr Maloney P.C.
    Carr Maloney P.C.
  • Article

    A Fast Food Employer's Guide To NYC's Recently Upheld Wrongful Discharge Law

    The New York City Fair Workweek Law was initially enacted in 2017 to expand wage and hour protections for employees working at fast food businesses. On December 17, 2020...
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Tenth Circuit Rules On "Termination By Committee"

    An appeals court addressed whether an employee terminated by group decision can be similarly situated to employees who were disciplined less severely by a different group.
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Wrongful Termination And "For Cause" Termination In New York

    New York is an "at-will" employment state. This means that, absent an employment agreement for a fixed duration, an employment relationship can be terminated by the employer...
    United StatesEmployment and HR
    KI Legal
    KI Legal
  • Article

    AB 5 Survives Challenge From Freelance Writers, Photographers

    Assembly Bill 5 regulates economic activity and not speech, the U.S. Circuit Court of Appeals for the Ninth Circuit recently held, affirming dismissal of a suit brought by freelance writers and photographers challenging the law.
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Appeals Court Overturns Court Decision On Wrongful Termination Case Of Tenured Female Professor

    In April, the Fifth Circuit of Appeals found that Carolyn Spears, formerly a tenured professor at Louisiana College (LC), had made out a prima facie case of age, sex...
    United StatesEmployment and HR
    Kilgore & Kilgore
    Kilgore & Kilgore
  • Article

    California Court Of Appeal Affirms Dismissal Of PAGA Claims Based On Prior Settlement And Claim Preclusion

    On November 19, 2025, the California Court of Appeal, Second Appellate District, Division Eight, issued a published decision in Brown v. Dave & Buster's of California...
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    DOJ's Labor Market Prosecution Against Aerospace Employees Dismissed; Alleged Market Allocation Not Within Per Se Rule

    The timing of the court's dismissal under Federal Rule of Criminal Procedure 29—at the conclusion of DOJ's evidence and before the case reached the jury—is quite rare.
    United StatesEmployment and HR
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Employer Policy Failure Precludes Summary Judgment On Discrimination Claim

    California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Fenwick Employment Brief - January 8, 2008

    The NLRB ruled in The Guard Publishing Company, dba The Register Guard that employers may enforce a policy that prohibits employees from using employer email for non-job-related solicitations (including union organizing efforts), so long as they do so in a non-discriminatory manner.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Fifth Circuit: Mandatory Job Reassignment Not A Reasonable Accommodation Under "Most Qualified Applicant" Policy

    The Fifth Circuit recently held that a disabled employee was not entitled to a job reassignment as a reasonable accommodation because the employee was not the "most qualified applicant available" for the position.
    United StatesEmployment and HR
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    New York Legislature Advances New Restrictions On Severance Agreements

    New York's proposed No Severance Ultimatums Act would impose significant new procedural requirements on employers offering severance agreements to employees...
    United StatesEmployment and HR
    Littler - Canada
    Littler - Canada
  • Showing 621–640 of 829 results

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