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Lathrop GPM

Eighth Circuit Court of Appeals Affirms Dismissal of Case Based on Plaintiff’s Dishonesty

Lathrop GPM on

Last month, the U.S. Court of Appeals for the Eighth Circuit affirmed a sanction decision of the U.S. District Court for the District of Minnesota, ruling that the lower court’s dismissal of the plaintiff’s case for lying in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Update Regarding FTC’s Ban on Non-Compete Agreements

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. On July 3, 2024, the United States District Court for the...more

Ervin Cohen & Jessup LLP

Ninth Circuit Holds that the Dynamex ABC Test Applies Retroactively, But Not Prop. 22

Ervin Cohen & Jessup LLP on

On September 20, 2021, the Court of Appeals for the Ninth Circuit reversed Grubhub, Inc.’s lower court victory in a class action case involving the alleged misclassification of a former driver. The driver claimed he was...more

Fisher Phillips

California Courts Continue To Address “Suitable Seating” Battles

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The standards for “suitable seating” cases in California were set by the California Supreme Court’s landmark 2016 decision of Kilby v. CVS Pharmacy, Inc. Ever since this decision was handed down, employers and employee...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Reminds Employers to Consider Transfers as ADA Accommodations

Parker Poe Adams & Bernstein LLP on

In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more

ArentFox Schiff

Second Circuit Holds Evidence of Equal Work for Unequal Pay Not Required for Title VII Compensation Claims

ArentFox Schiff on

The Second Circuit has held that employees who allege they were underpaid on the basis of their sex, in violation of Title VII of the Civil Rights Act, are not required to first establish an Equal Pay Act claim but rather...more

FordHarrison

Massachusetts and the Ninth Circuit: Recent Ban On Using Prior Salary as Basis for Gender Pay Gap

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The federal Equal Pay Act already imposes limitations on employers when it comes to compensating employees of the opposite sex for equal work....more

Littler

New Mexico Supreme Court Rejects a Heightened Evidentiary Burden on a Plaintiff in a Reverse Race Discrimination Case

Littler on

In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Wisconsin Employers Now Subject to Tort Lawsuits for Temporary Workers’ Workplace Injuries

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On January 9, 2018, District III of the Wisconsin Court of Appeals held that temporary workers who are injured while working for their host employers have the right to elect either to claim workers’ compensation benefits or...more

Littler

Recent Illinois Appellate Court Ruling Could End The Recent Flood Of Class Action Lawsuits Against Employers Under Illinois'...

Littler on

Since mid-September 2017, more than 50 employers that use “biometric timeclocks” in Illinois have been targeted with class action lawsuits alleging violations of the state’s Biometric Information Privacy Act (“BIPA”). A...more

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