News & Analysis as of

Employer Liability Issues Affirmative Defenses

Bass, Berry & Sims PLC

Gender-Affirming Care Remains a Hot Topic in 2024

Bass, Berry & Sims PLC on

Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations. Just over a month later, there have now been three key developments with respect to that issue:...more

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

OSH Law Primer, Part III: The Duty to Comply With Standards

This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration (OSHA) and how both influence...more

Parker Poe Adams & Bernstein LLP

Clocking In: What Employers Need to Watch for in Recent Court Decision on Unpaid Working Time

For decades, the Department of Labor (DOL) has recognized the impracticability of requiring Fair Labor Standards Act (FLSA) nonexempt employees to clock in exactly at the beginning of their scheduled shifts. In most...more

BCLP

Colorado Employers Face POWR-Ful Changes to Employment Law

BCLP on

On August 7, 2023, Colorado’s Protecting Opportunities and Workers’ Rights (POWR) Act takes effect, significantly shifting the power balance toward employees....more

BakerHostetler

Illinois District Court Refuses to Certify Class Based on Anti-harassment Policy

BakerHostetler on

Most employers today have anti-harassment policies covering race, gender and other types of discrimination to help comply with state and federal antidiscrimination legislation and to take advantage of the affirmative defense...more

Littler

Puerto Rico Supreme Court Favors Employers on Business Reorganization and Unjustified Dismissal

Littler on

In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate...more

Hinshaw & Culbertson - Employment Law...

California Supreme Court Expands Protections for Employees Claiming to be "Whistleblowers"

On January 27, 2022, the California Supreme Court issued its Opinion in Lawson v. PPG Architectural Finishes, No. S266001, __ Cal. 5th ___, 2022 Cal. Lexis 312 (Jan. 27, 2022) regarding the proof paradigm in California...more

Weber Gallagher Simpson Stapleton Fires &...

When Raising a Defense in a New York Workers’ Compensation Claim Can Cost that Party Everything in the Civil Case

The crossroads of workers’ compensation and civil defense merged on Thursday, January 27, 2022, with the New York State Appellate Division, 3rd Department’s decision in Walker v. GlaxoSmithKline....more

Payne & Fears

California Supreme Court Clarifies Burdens of Proof Applicable to Whistleblower Claims

Payne & Fears on

In response to a certified question posed by the United States Court of Appeal for the Ninth Circuit, the California Supreme Court on Jan. 27, 2022, resolved a years-long split among California courts by confirming that an...more

Littler

Salary Negotiation Can Provide Affirmative Defense to Equal Pay Act Claim as “Factor Other Than Sex”

Littler on

A female applicant applies for a position that was widely advertised.  During her interview she insists on being paid $100,000. The employer agrees to her salary demand although it employs a male doing substantially similar...more

CDF Labor Law LLP

Employers Gain Defense Against Unmanageable PAGA Claims

CDF Labor Law LLP on

In a case of first impression, last week, the Second District California Court of Appeal held that judges have inherent authority to limit, and even strike, unmanageable PAGA claims. ...more

Manatt, Phelps & Phillips, LLP

CA Court Affirms That Courts Have Authority to Ensure Manageability of PAGA Claims

On September 9, 2021, the California Court of Appeal issued its opinion in Wesson v. Staples, Inc., holding that (1) courts have inherent authority to ensure that Private Attorneys General Act (PAGA) claims can be fairly and...more

Partridge Snow & Hahn LLP

Rhode Island's New Pay Equity Law Changes How Employers Must Compensate Their Workforce

On July 6, 2021, Rhode Island Governor Daniel McKee signed Pay Equity legislation (the “Act”) (H 5261A, S 0270A) into law. The Act is a broad piece of legislation that applies to all employers. While the Act does not go into...more

Fisher Phillips

Recent California Supreme Court Case Offers Meal Period Guidance

Fisher Phillips on

The California Supreme Court recently ruled that acknowledgments may be evidence used by employers to refute meal period claims, but employers cannot obtain acknowledgments using “rounded” time punches when confronting...more

Fisher Phillips

Ohio Employers Need To Prepare For Welcomed New Discrimination Law Process

Fisher Phillips on

Ohio Governor Mike DeWine recently signed the Employment Law Uniformity Act into law, which will soon eliminate many administrative burdens and uncertainties for employers and human resources professionals while still...more

Fisher Phillips

Mining MSHA – Discrimination Complaints

Fisher Phillips on

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

Seyfarth Shaw LLP

Commission Confirms that Employers May Have Employee Misconduct Where Training of Safety Rule Was Verbal and On-the-Job

Seyfarth Shaw LLP on

Seyfarth Synopsis: Commission’s approval of undocumented training provides blueprint for employee misconduct claims for employers going forward....more

Orrick - Equal Pay Pulse

Striking Out the “Catch-All”: Growing Number of States Narrow Affirmative Defenses for Employers in Pay Equity Cases

The federal Equal Pay Act (EPA) and its many state analogs require equal pay for equal (or, in some states, “substantially similar”) work.  The EPA contains a so-called “catch-all” defense to equal pay claims, permitting wage...more

Littler

California Superior Court Grants Class Certification in Equal Pay Case

Littler on

On April 30, 2020, Judge V. Raymond Swope of San Mateo Superior Court granted plaintiffs’ motion for class certification in Jewett et al. v. Oracle America, Inc. In doing so, the court certified a class of more than 4,100...more

Proskauer - Law and the Workplace

Chicago City Council Introduces COVID-19 Anti-Retaliation Ordinance, Reflecting Growing Trend

On April 22, 2020, Chicago Mayor Lori Lightfoot, with the backing of several Aldermen, introduced the COVID-19 Anti-Retaliation Ordinance (the “Ordinance”), which, if enacted, would prohibit Chicago employers from retaliating...more

Proskauer - California Employment Law

9th Circuit Holds that Prior Salary is Not a Defense to An Equal Pay Act Claim

Yesterday, the full Ninth Circuit held that an employer cannot rely on an individual’s prior salary to justify a wage disparity between a male and female employee. In Rizo v. Yovino, a female math teacher brought a claim...more

Vedder Price

New York State’s Updates on Sexual Harassment Prevention and Anti-Discrimination Laws

Vedder Price on

In recent months, the New York State legislature has enacted amendments to the New York State Human Rights Law (“NYSHRL”) and other laws aimed at expanding protections against discrimination and harassment. The laws emphasize...more

International Lawyers Network

Sexual Harassment In The Workplace: What Thai Companies Need To Know

What constitutes sexual harassment? There are two categories of sexual harassment as specified by the Department of Women’s Affairs and Family Development together with Mahidol University, as follows: 1. Quid quo pro;...more

International Lawyers Network

Sexual Harassment In The Workplace: What Slovakian Companies Need To Know

2019 Update: In 2018, PETERKA & PARTNERS drafted the following chapter on what Slovakian companies need to know about sexual harassment in the workplace. In 2019, the ILN asked firms to consider the response following #MeToo...more

International Lawyers Network

Sexual Harassment In The Workplace: What Scottish Companies Need To Know

We include the 2018 chapter in its entirety for reference following the 2019 update. Background - As part of last year’s Labour & Employment group paper, "Sexual Harassment in the Workplace: What Your Company Needs to...more

70 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide