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  • Article

    Virginia Recognizes Individual Liability For Wrongful Discharge

    Unlike many states that have substantially revised and effectively limited the operation of the employment-at-will doctrine, Virginia has rejected similar efforts for decades.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    The Missouri Supreme Court Adopts And Clarifies The Public Policy Exception In Wrongful Discharge Claims In A Trilogy Of Opinions

    In a trio of cases decided on February 9, 2010, the Missouri Supreme Court formally recognized for the first time the cause of action for wrongful discharge based upon the public policy exception for at-will employees.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Opinion Of Interest – When The Automatic Stay Is No Shield – Pennsylvania Court Holds That Government's Unfair Labor Claims Are Subject To Police Power Exception

    Breaking with a Sixth Circuit decision to the contrary, in a March 2021 decision in Stewart v. Holland, the District Court for the Western District of Pennsylvania held that unfair labor claims brought by the Department of Labor ...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Mayer Brown
    Mayer Brown
  • Article

    Boarding Passes Ready - When Employees May Unexpectedly Move Around Within A Corporate Group

    The European Court of Justice (the "ECJ") has ruled that, in certain circumstances, when a subsidiary company is wound up, its employees will transfer automatically to its holding company.
    European UnionEmployment and HR
    Orrick
    Orrick
  • Article

    Employer's Representation Petition Not Barred By Existence Of Signed Contract, Divided NLRB Rules

    A union, an employee or an employer can all file a representation petition with the NLRB.
    United StatesCorporate/Commercial Law
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    24 Questions To Ask Before Terminating An Employee

    Of all the employment decisions employers make, none get litigated more often than termination decisions.
    United StatesEmployment and HR
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Before The Layoff: Key Legal And Strategic Considerations For Employers

    Layoffs are among the most difficult decisions an employer can face, fraught with legal, operational and emotional complexity...
    United StatesEmployment and HR
    Cohen & Buckmann
    Cohen & Buckmann
  • Article

    California Court Of Appeal Clarifies Application Of The ABC Test For Independent Contractors

    On May 15, 2018, we issued a client alert on the California Supreme Court's decision in Dynamex Operations v. Superior Court. The Dynamex decision drastically altered the applicable standard used...
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    California Supreme Court Clarifies When An Arbitration Award May Be Corrected

    On January 29, 2015, the California Supreme Court issued a decision clarifying the circumstances under which an arbitrator’s award may be corrected.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Employment Law Commentary - May 2005

    Under Title VII of the Civil Rights Act of 1964 ("Title VII") and California’s Fair Employment and Housing Act ("FEHA"), California employers are prohibited from discriminating against employees on the basis of religion.
    United StatesEmployment and HR
    Morrison Foerster
    Morrison Foerster
  • Article

    New York State Legislators Propose "Wrongful Discharge" Law

    A trio of New York State Senators has proposed a bill that would create a cause of action for "wrongful discharge."
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    New York Subjects State Licensees To Whistleblower Protections

    Add the New York Department of Financial Services (the "DFS" or "Department") to the veritable orchestra of governmental entities and regulatory authorities that have issued requirements
    United StatesEmployment and HR
    Mayer Brown
    Mayer Brown
  • Article

    Rhode Island Court: Paid Suspension Is Adverse Employment Action

    Recently, Judge John J. McConnell, Jr., of the U.S. District Court for the District of Rhode Island heard a claim from a female employee who says she was placed on a paid suspension after announcing that she was pregnant.
    United StatesEmployment and HR
    Ford Harrison LLP
    Ford Harrison LLP
  • Article

    The Evolution Of Casual Employment Regulation

    A worker stands at the gates of the docks hoping for work. The boss approaches the fence separating dozens of huge containers from those milling outside wanting to unload them.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Delaware Rulings Point To Governance Litigation’s Ideal Window

    Delaware Supreme Court decisions issued this year have invoked timing to dismiss stockholder challenges to governance arrangements, with one case finding the dispute unripe and another finding the dispute untimely.
    United StatesLitigation, Mediation & Arbitration
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    Employment Law Commentary: MacIsaac v. Waste Management Collection & Recycling: The First Decision Applying The California WARN Act

    In our March 2001, November 2002, and September 2005 Employment Law Commentary, we reported in depth about employment laws relating to workplace reductions, including the Worker Adjustment and Retraining Notification Act. Last month, the California Court of Appeal provided much-needed guidance and good news to employers by publishing the first judicial interpretation of the California Worker Adjustment and Retraining Notification Act ("Cal-WARN," Cal. Lab. Code §1400 et seq.).
    United StatesEmployment and HR
    Morrison Foerster
    Morrison Foerster
  • Article

    Minnesota Passes Near Total Ban Of Non-Compete Agreements

    On May 16, 2023, the Minnesota legislature passed SF 3035 (the "Bill"), banning nearly all post-termination non-compete agreements with employees and independent contractors.
    United StatesEmployment and HR
    Morrison Foerster
    Morrison Foerster
  • Article

    The Expanding Definition of “Supervisor” Creates Increased Risk of Liability to Employers

    Employers have known for years that those managers place their companies at risk of legal liability if the managers misuse their supervisory authority.
    United StatesEmployment and HR
    Testa, Hurwitz & Thibeault, LLP
    Testa, Hurwitz & Thibeault, LLP
  • Article

    Age And "Sex-Plus" Discrimination Claims Against Casino Highlight Considerations To Avoid Gambling When Implementing Layoffs

    In Frappied v. Affinity Gaming Black Hawk, LLC, 966 F.3d 1038 (10th Cir. 2020), the Tenth Circuit reversed dismissal and summary judgment in favor of Affinity Gaming Black Hawk, LLC (Affinity)...
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    California Employment Law Notes – July 2016

    The EEOC filed suit against CRST (a trucking company) alleging that over 250 female employees and prospective employees had been subjected to sexual harassment.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Showing 721–740 of 829 results

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