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  • Article

    Company Not Required To Reinstate Temporary Employee After FMLA Leave Of Absence Where Temp Agency Did Not Request That Employee Be Reinstated

    In Cuellar v. Keppel Amfels LLC, the Fifth Circuit Court of Appeals addressed the relatively novel issue of whether a company has an obligation to reinstate a temporary employee returning from FMLA-covered leave.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Contumacious Conduct Causes Case Conclusion

    A molecular biologist recently had her case thrown out for repeatedly disobeying the court’s orders to provide discovery.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
Article

Court Orders Cost-Shifting For Production Of Inaccessible Accounting Data

In Annex Books v. City of Indianapolis [pdf], No. 1:03-cv-918, U.S. Magistrate Judge Tim A. Baker granted the defendants’ motion to compel the plaintiffs’ bookkeeping data, but held that the defendants would be required to pay all future costs and expenses associated with additional attempts to compile or import the data.
United StatesEmployment and HR
Littler Mendelson
Littler Mendelson
  • Article

    Court Rules FedEx Drivers Are Employees, Not Independent Contractors, Under Massachusetts Law

    The United States District Court for the District of Massachusetts recently ruled that FedEx Ground Package System, Inc. had misclassified a group of former pick-up and delivery drivers as independent contractors instead of employees under the Massachusetts Wage Laws.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Court Ruling Spells End Of Overtime Exemption For Home Healthcare Companies

    On August 21, 2015, the D.C. Court of Appeals in Home Care Association of America v. Weill, Case No. 14-cv-967 (RJL), issued a transformational decision upholding proposed U.S. Department of Labor regulations regarding the Fair Labor Standards Act's (FLSA) companionship and live-in exemptions.
    United StatesEmployment and HR
    Venable LLP
    Venable LLP
  • Article

    D.C. Circuit Puts Longstanding Defense To Employment Discrimination Claims In Doubt

    On February 19, 2021, a panel of the U.S. Court of Appeals for the D.C. Circuit urged the full court to change the standards that govern employment discrimination claims in a manner that may broaden liability for employers.
    United StatesEmployment and HR
    Jones Day
    Jones Day
  • Article

    Does D.R. Horton Apply Arbitration Agreements Without A Class Action Waiver?

    Our sister blog, Employment Law Spotlight, recently reported on the decision of an NLRB administrative law judge regarding the legality of an arbitration agreement under D.R. Horton, Inc., 357 NLRB No. 184 (2012).
    United StatesEmployment and HR
    BakerHostetler
    BakerHostetler
  • Podcast

    Don't Go Too Far When Investigating Trade Secret Misappropriation By An Employee (Podcast)

    When an employee leaves for a competitor, it's not uncommon for the former employer to investigate whether the employee took information on the way out...
    United StatesEmployment and HR
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    EEOC Background Check Litigation Strategy Criticized

    Readers who have been following the EEOC’s efforts to prosecute employers who conduct background checks will be interested in the Wall Street Journal’s editorial, "Hit Us Again, Harder."
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    EEOC Files First Genetic Discrimination Class Action Against Nursing And Rehabilitation Center

    The U.S. Equal Employment Opportunity Commission recently filed its first class action lawsuit under the Genetic Information Nondiscrimination Act against a nursing and rehabilitation center.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    EEOC Files Lawsuit Claiming Obesity Discrimination

    The U.S. Equal Employment Opportunity Commission recently filed a lawsuit under the Americans With Disabilities Act, alleging that Resources for Human Development, Inc. (RHD) illegally fired an employee because of her obesity. The lawsuit is pending in federal district court in Louisiana.
    United StatesEmployment and HR
    Franczek
    Franczek
  • Article

    EEOC Sues Private Employers To Protect Transgender Workers

    Two recent lawsuits filed by the EEOC are the latest efforts in a growing movement to protect transgender people in the workplace.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Employee Social Media Account Ownership Still Uncertain

    Who owns an employee's social media account when it is used to promote the employer's business?
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Employee Who Threatened To Kill Supervisors Not Protected By Disability Discrimination Law

    In Mayo v. PCC Structurals, Inc., the Ninth Circuit Court of Appeals confirmed that the ADA does not require that employers accommodate disabled employees who threaten violence.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Employee’s LinkedIn Contacts Once Again Becomes Focus Of Trade Secrets Claim

    The information contained in an employee’s LinkedIn contacts were discussed in the context of trade secrets in a recent California Federal District Court case.
    United StatesEmployment and HR
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Employer's Wage Statement Failed To Provide Legal Name Of Employer

    Noori v. Countrywide Payroll & HR Solutions, Inc., 2019 WL 7183403 (Cal. Ct. App. 2019)
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employer Did Not Violate FCRA By Providing Disclosure Along With Other Materials

    Leonard Luna filed this putative class action, alleging a violation of the Fair Credit Reporting Act ("FCRA") because his former employer had provided him a FCRA disclosure statement simultaneously...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employers Beware: Missouri Supreme Court Heightens The Risk Of Dismissing Employees Who Filed Workers Compensation Claims

    The Missouri Supreme Court recently overruled the long-standing "exclusive" causation standard for worker’s compensation retaliation claims.
    United StatesEmployment and HR
    Thompson Coburn LLP
    Thompson Coburn LLP
  • Article

    Employers Beware: New Law Prohibits Mandatory Arbitration For Certain Claims

    President Biden signed into law the "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" on March 3.
    United StatesEmployment and HR
    Greensfelder, Hemker & Gale
    Greensfelder, Hemker & Gale
  • Article

    Employers Can't Win – Part 3 (No Cost Recovery For Defendants In FEHA Actions)

    Until last week, employers who prevailed in discrimination actions under California's Fair Employment and Housing Act – like all other litigants – were entitled to recover certain statutory court costs.
    United StatesEmployment and HR
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Showing 821–840 of 8398 results

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