News & Analysis as of September 20, 2024

Employee Handbooks › Employment Litigation

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Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both employees and employers and is an important part of effective human resource management. A proper handbook contains detailed information on non-disclosure and conflict of interest obligations, work schedules, employee compensation and benefits, anti-discrimination policies, and codes of conduct to name a few. less -

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

Foster Swift Collins & Smith on 8/7/2024

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Caution - Employers Merge Ahead: Massachusetts Holding Endorses Potential Liability for “Joint Employers”

Epstein Becker & Green on 7/1/2024

The Massachusetts appellate court decision in Tran v. Jennings Road Management, Corp., et al, gave the green light to an employee to pursue class action claims against her direct employer as well as a separate management...more

10th Circuit Scrutinizes DEI Training Program

Holland & Hart - Employers' Lawyers on 4/23/2024

Can an employer’s diversity, equity, and inclusion (DEI) program create liability for the discriminatory harassment of white employees? The U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Wyoming,...more

Amid Shifting Policies, Employee Handbooks Can’t Be Static Manuals

DarrowEverett LLP on 3/26/2024

As we’ve said before, one of the easiest and least expensive tools for businesses to reduce liability and insulate from (at least some) risk, is often the one most frequently overlooked. Creating, promulgating, and most...more

New Rules Highlight the Need to Review Employee Forms and Policies

A&O Shearman on 2/5/2024

For many companies, the use of “form” employee documents is an efficient practice that ensures consistent treatment. That said, reliance on forms can often breed complacency. In this new year, companies should consider a...more

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Fifth Circuit Opens the Door for Growing Discrimination Claims

Rumberger | Kirk on 11/30/2023

A federal appeals court has made it easier for plaintiffs to bring employment discrimination lawsuits, but failed to offer clear guidance on how employers can adjust policies to minimize litigation risk. The en banc...more

[Webinar] Looking Forward to 2024: California Employment Laws - December 1st, 12:00 pm - 1:00 pm PST

Payne & Fears on 10/25/2023

Join us online for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings. Topics include: - Key bills relating to paid sick leave, CalWARN notice...more

[Webinar] New California Employment Laws and Developments for 2024 - November 28th, 9:30 am - 11:00 am PT

CDF Labor Law LLP on 10/23/2023

Join us for an in-depth complimentary webinar on November 28, 2023, from 9:30 a.m. to 11:00 a.m. (Pacific Time), presented by CDF Partners Mark S. Spring and Desiree J. Ho. This “Year in Review” webinar will cover 2023’s new...more

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on 10/11/2023

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

NLRB Stacks Deck in Favor of Employees: Employers Must Play Cards Defensively or Go Bust

Carlton Fields on 10/9/2023

The National Labor Relations Board has made a series of employee-friendly moves over the past few months that have significant adverse implications for employers, including those in the insurance and securities industries....more

[Webinar] What is Happening at the NLRB? What Companies Should Know - October 24th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on 10/6/2023

Join CDF partners John Giovannone and Carolina Schwalbach for a one-hour in-depth review of the recent McLaren Macomb, Cemex and Stericycle NLRB decisions and their potential impact on union and non-union employers. If you...more

Dust Off the Handbook: Employee Handbooks Need Revised Following Landmark NLRB Decision

Spilman Thomas & Battle, PLLC on 10/5/2023

The adage “an ounce of prevention is worth a pound of cure” could have been coined with employee handbooks in mind. A well-drafted employee handbook can solve many employment-related problems before they arise by providing...more

Your Employee Handbook May be Deficient for Capturing Patent Rights

Buckingham, Doolittle & Burroughs, LLC on 8/25/2023

Is your employee handbook sufficient to capture patent rights in your employee’s inventions? The Federal Circuit case of Omni Medsci v. Apple illustrates one reason why it does not. It is common practice to include, in an...more

Illinois Legislative Update: Big Changes for Employers

Epstein Becker & Green on 8/23/2023

Although the summer months may mean rest and relaxation for some, June, July, and August have proven to be anything but quiet for the Illinois Legislature and Governor JB Pritzker. This midyear wave of activity resulted in...more

NLRB Reverses a Prior Reversal: Employer Handbooks Face Scrutiny under NLRB Decision in Stericycle, Inc.

Butler Snow LLP on 8/10/2023

On August 2, 2023, the National Labor Relations Board (“NLRB”) issued a new legal standard to determine whether an employer’s workplace policy is “facially unlawful” under Section 8(a)(1) of the National Labor Relations Act....more

Fourth Circuit Finds Leave of Absence is Reasonable Accommodation Under ADA

Poyner Spruill LLP on 7/24/2023

The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more

Employers Beware: The NLRB Limits Severance Agreements

Akerman LLP - HR Defense on 3/3/2023

The National Labor Relations Board (NLRB or Board) is making waves yet again. This time the NLRB has held that certain confidentiality and non-disparagement clauses in severance agreements violate Section 7 rights under the...more

Going By the Handbook Can Be Employer’s Best Defense

DarrowEverett LLP on 2/9/2023

Businesses are always searching for new ways to reduce liability and insulate themselves from risk, but one of the easiest and least expensive tools is often the one most frequently overlooked. Creating, promulgating, and...more

Minnesota Legislature Passes CROWN Act, Banning Hair-Based Race Discrimination

Winthrop & Weinstine, P.A. on 2/1/2023

The Minnesota legislature recently passed a bill that will prohibit discrimination against a person based on hair texture and hair styles that are associated with race. Approximately 20 states have passed similar measures,...more

An Agreement to Shorten the Statute of Limitations on Employment Claims is Enforceable but Employers Must Prove an Agreement

Bodman on 1/25/2023

In Michigan, it is well-established that the statute of limitations for claims of discrimination, harassment and most other employment-based claims may be shortened by the agreement of the employer and the employee. This...more

Alberta Court of Appeal Provides Helpful Guidance Regarding Time for Employee to Claim Constructive Dismissal

Bennett Jones LLP on 9/9/2022

Key Highlights - - A constructive dismissal does not occur automatically just because an employer has unilaterally changed a key term of employment—the employee must reject the change. - The employee must reject the...more

Texas Supreme Court Compels Arbitration after Nine Years: Why Employers Should be Cautious in Placement of Mandatory Arbitration...

FordHarrison on 8/30/2022

Executive Summary: In a recent case, the Texas Supreme Court upheld the validity of an arbitration clause in a case that had been in litigation for over nine years without the claim ever being heard. See In re Whataburger...more

Michigan Court of Appeals Decision Cautions Need for Review of Arbitration Agreements in Employee Handbooks

Miller Canfield on 8/3/2022

On June 23, 2022, the Michigan Court of Appeals ruled that an arbitration agreement contained in a personnel manual was not enforceable because the associated disclaimer indicated that the manual did not create a...more

More Than Meets the Eye: TN Court Finds Arbitration Agreement in Employee Handbook Non-Binding

Burr & Forman on 7/1/2022

In Mankin Media Systems, Inv. v. Timothy Crowder, No. 19CV-48300W (Jun. 30, 2022), the Court of Appeals of Tennessee reversed the confirmation of an arbitration award because the so-called arbitration clause appeared in the...more

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Employee Handbooks › Employment Litigation

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