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Dispute Resolution Employer Liability Issues Employment Litigation

JAMS

Global Perspectives on Employment Disputes: Key Lessons From Cross-Border Cases

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Navigating employment disputes across borders presents unique challenges for employers and employees alike. Legal frameworks, cultural sensitivities and ethical considerations can vary greatly from one jurisdiction to...more

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

Second Circuit Ruling Clarifies Reach of EFAA Under Continuing Violation Doctrine in Sexual Harassment Cases

The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a...more

Jenner & Block

NLRB Settles Noncompete Regulatory Action

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In May 2023, the General Counsel of the National Labor Relations Board (“NLRB”) published a memorandum stating that an employer who requires a nonmanagerial/nonsupervisory employee to sign a noncompete agreement violates...more

Kohrman Jackson & Krantz LLP

A Lesson in Employee Rights: NLRB Ruling Against Home Depot’s Dress Code Enforcement

The National Labor Relations Board (NLRB) has ruled that a Minnesota Home Depot Store broke the law by telling an employee to remove a “BLM” marking from their work apron. The NLRB has recently decided in Home Depot USA, Inc....more

Arnall Golden Gregory LLP

NLRB Holds Home Depot Broke the Law by Banning “BLM” From Employee’s Apron

Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 2: Labor Dispute Mediations with Drew Rogers, Senior Federal Mediator...

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Following our inaugural episode, Tina and Jennie host Drew Rogers, a Federal Mediator with the EEOC, for a part 2 on the mediation process. Drew and our hosts have an insightful conversation about what employers can do in...more

Jenner & Block

NLRB Limits Employers’ Use of Non-Disparagement and Confidentiality Provisions in Employment-Related Agreements and Policies

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Employers have historically used non-disparagement and confidentiality provisions when resolving threatened or actual claims employees may pursue. The logic of proposing such clauses flows from the reasonable desire to bring...more

Steptoe & Johnson PLLC

NLRB Gives Workers Greater Leeway to Engage in Abusive Conduct

On May 1, 2023, the National Labor Relations Board (the Board) issued its decision in Lion Elastomers LLC II and made it more difficult for employers to discipline employees for misconduct and outbursts. Now employers must...more

Maynard Nexsen

The Benefits of Mediation for Employers

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The sudden settlement of the Dominion Voting Systems defamation action against Fox News was secured by the last minute involvement of a private mediator. As reported by The Washington Post, mediator Jerry Roscoe worked with...more

JAMS

Dealing With Workplace Conflict

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The workplace can be a source of tremendous collaboration, collegiality and productivity. It can also be home to conflict and mistreatment by fellow employees and employers. Workplace discrimination is just one example of the...more

JAMS

The Evolving Nature of Employment Disputes and How ADR Offers an Effective Means of Resolving Issues

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While the nature of the work environment has been evolving over the past few years, employment disputes remain a constant. Clearly, COVID has impacted the workplace and has led to a host of disputes across nearly every...more

Goldberg Segalla

EEOC Announces that Virtual Mediation is Here to Stay

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Key Takeaways - Since mid-March 2020, mediations of administrative charges conducted under the EEOC’s voluntary mediation program have been held remotely via telephone or video platform. The EEOC has announced that...more

McDermott Will & Emery

California Supreme Court Decision Places Higher Burden on California Employers in Whistleblowing Retaliation Claims

On January 27, 2022, the California Supreme Court provided clarification in Lawson v. PPG Architectural Finishes, Inc. to lower courts reviewing whistleblower retaliation claims. In what it calls an “unsurprising” decision,...more

Littler

Canada: Alberta Court of Appeal Reminds Adjudicators to take a Modern Approach to Sexual Misconduct in the Workplace

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Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37,...more

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