News & Analysis as of October 13, 2024

Corporate Counsel

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

Holland & Hart - Employers' Lawyers on 8/19/2024

In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more

Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes,...

Littler on 8/14/2024

Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases...more

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

Parker Poe Adams & Bernstein LLP on 3/29/2024

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

Parker Poe Adams & Bernstein LLP on 2/16/2024

During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/14/2024

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

Seyfarth Shaw LLP on 1/11/2024

Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

Workplace Law Update: 10 Essential Items on Your November To-Do List

Fisher Phillips on 11/6/2023

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

Fisher Phillips on 10/9/2023

The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more

AI is Here and So Are the New AI Rules for Employers

Proskauer - California Employment Law on 4/25/2023

California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act. Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331...more

First Circuit Upholds Employer’s Win in Retaliation Suit

Epstein Becker & Green on 11/14/2022

On November 1, 2022, in Dusel v. Factory Mutual Ins. Co., the First Circuit Court of Appeals held that “close temporal proximity” alone does not establish pretext as this evidence “must be considered alongside the . . ....more

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/21/2022

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Top 10 List – Keep Your Eyes on These California Employment Bills on Governor Newsom’s Desk

Fisher Phillips on 9/2/2022

Eight months of legislative wrangling and dealmaking have come to an end as the California Legislature just wrapped up work for the year – and now employers across the Golden State turn their eyes to the governor’s office to...more

Murray v. UBS: The Second Circuit Creates a Circuit Split on Whistleblower Claim Standards

Seyfarth Shaw LLP on 8/18/2022

In a decision with potentially wide-ranging implications for federal whistleblower protection law, the Second Circuit has held that plaintiffs who allege they were punished by their employers for whistleblowing activity, and...more

CA District Court: SOX and Dodd-Frank’s Whistleblower Provisions Do Not Apply To Individual Employed Abroad

Proskauer - Whistleblower Defense on 7/18/2022

On June 7, 2022, the United States District Court for the Northern District of California, relying on recent ARB decisions, held that a plaintiff who lived and worked for a Canadian subsidiary of a US company could not avail...more

Seventh Circuit Signs Off on Termination After FMLA Leave

Manatt, Phelps & Phillips, LLP on 4/13/2022

An employer with documented evidence of performance issues before an employee took leave under the Family and Medical Leave Act (FMLA) did not run afoul of the statute when it terminated the employee upon her return, the...more

The Top 18 Workplace Law Stories from March 2022

Fisher Phillips on 4/7/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth’s 2022 Annual Workplace Class Action Litigation Report

Seyfarth Shaw LLP on 1/5/2022

Seyfarth Synopsis: Seyfarth’s 18th Annual Workplace Class Action Litigation Report analyzes 1,607 rulings and is our most comprehensive Report ever at over 840 pages. ...more

Whistleblower Protections for Employees Expand in New York

Epstein Becker & Green on 11/22/2021

New York Governor Kathy Hochul recently signed legislation that expands one of the state’s whistleblower laws with significant revisions (“Amendments”) to NY Labor Law § 740 (“Section 740”). The Amendments increase coverage...more

New York dramatically expands whistleblower protection law with sweeping amendments

Hogan Lovells on 11/1/2021

On October 28, 2021, New York Governor Kathy Hochul signed legislation enhancing the protections available to individuals who claim retaliation for reporting alleged employer wrongdoing. The legislation (S.4394A/A.5144A)...more

Tracker Reveals: Hot COVID Litigation Summer Could Foreshadow Trouble for Employers

Fisher Phillips on 9/8/2021

A sharp increase in pandemic-related workplace litigation this summer could spell trouble for employers, as we expect to see a steady increase in COVID-19 lawsuits filed by employees across the country. That’s just one of 10...more

Seventh Circuit Dismisses Retaliation Claim Brought Under Cat’s Paw Theory of Liability

Troutman Pepper on 8/10/2021

Q: Can an employer be found liable for terminating an employee for misconduct after an investigation initiated by a biased supervisor?...more

The Case of Graham v. Barrier Technologies: Reducing Exposure To Liability in the Midst of a Pandemic

FordHarrison on 7/12/2021

Executive Summary: On June 15, 2021, the Southern District of Florida granted summary judgment in favor of employer Barrier Technologies, LLC (“Barrier Technologies” or the “employer”), a manufacturer of radiation protection...more

Employee’s Suit Over Possible Termination Due to COVID-19 Moves Forward

Manatt, Phelps & Phillips, LLP on 6/18/2021

An employee who was allegedly terminated for taking several days of medical leave for a respiratory illness that could have been COVID-19 can move his lawsuit forward, a New York federal court has ruled....more

Eleventh Circuit Opinion Provides Insight into the Reach of Third-Party Title VII Retaliation Claims

Littler on 5/26/2021

The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion concerning the Title VII retaliation protections afforded to third parties. Tolar v. Bradley Arant Boult Cummings, LLP, No. 19-11546 (11th Cir. May...more

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

Jackson Lewis P.C. on 5/6/2021

A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was...more

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