News & Analysis as of

Termination Wage and Hour

Fox Rothschild LLP

Federal Funding Cuts: Key Considerations for Employers Facing Potential Layoffs

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The Office of Management and Budget issued a vaguely worded memorandum on Jan. 27, 2025, ordering a blanket freeze (with very limited exceptions) in all federal grants, federal loans, and other forms of federal financial...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

Littler

Everything You Always Wanted to Know About Woody Allen’s Former Private Chef’s USERRA Lawsuit* (*but were afraid to ask)

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In December 2024, a U.S. Army Reservist and professional chef filed a lawsuit against filmmaker Woody Allen, his wife, Soon-Yi Previn, and their house manager, alleging that he was fired due to his complaints of improper...more

Constangy, Brooks, Smith & Prophete, LLP

Foolish CEO quips, fishy termination mean pregnancy case will go to trial

A (not so) perfect cluster. Happy new year, everybody. During the holidays, a federal judge in Wisconsin ruled that an employee’s pregnancy discrimination claim will go to a jury. The plaintiff (we’ll call her “Katy”) was...more

Constangy, Brooks, Smith & Prophete, LLP

3 things that will make an employer's case go down to defeat

Mayday! Mayday! Lately I’ve written about some court decisions that were good for employers. (See here and here.) The reason the outcomes were good is that the employers did the right things before their cases even got to...more

Littler

Littler Lightbulb: November Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Ninth Circuit Shoots Down $15 Per Hour Contractor Minimum Wage Rule...more

Seward & Kissel LLP

Employment Litigation Roundup: November 2024

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In May 2024, two TD Bank entities (“TD Bank”) sued two former employees and their new employer Raymond James Financial Services, Inc. and one of its subsidiaries (together, “Raymond James”) in Connecticut federal court,...more

Constangy, Brooks, Smith & Prophete, LLP

The termination wasn't perfect, but this employer nailed the retaliation case.

Here are the four things the employer did right. I hope everyone had a fun Halloween last night. And before Halloween gets too far into the distant past, check out this scary HR story: A full-time adjunct instructor at the...more

Stevens & Lee

Third Circuit’s Precedential Ruling Holds That Employers Are Not Obligated to Apply FMLA Entitlements Retroactively

Stevens & Lee on

On Oct. 11, 2024, the Third Circuit Court of Appeals filed a unanimous, precedential opinion affirming judgment as a matter of law in favor of Southeastern Pennsylvania Transportation Authority (SEPTA) in a Family and Medical...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA leave: 5 things this employer (allegedly) did wrong

Don't be this employer. (Allegedly.) Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

Constangy, Brooks, Smith & Prophete, LLP

Don’t let a bad employee’s protected activity lead you into the twilight zone.

You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more

Spilman Thomas & Battle, PLLC

Navigating AI in HR: The Benefits and Risks of Using Artificial Intelligence in Employment Policies

Artificial intelligence (AI) can be a tool used by employers to save time and improve compliance when drafting employment policies. However, AI’s current usefulness has limits and comes with risks...more

Amundsen Davis LLC

Federal Court Rules Employer Did Not Violate Illinois Privacy Law for Firing Worker Testing Positive for Cannabis

Amundsen Davis LLC on

It seems like a lifetime ago that we first posted on the legalization of cannabis in Illinois and its effect on Illinois employers, way back in November 2019. At that time we provided a detailed overview of the clarifications...more

Constangy, Brooks, Smith & Prophete, LLP

Ouch! Four tips on email mishaps in the workplace

This lawsuit seems destined to lose. Even in California. Have I said “You can’t make this stuff up” in the last six weeks or so? No? Cool. You can’t make this stuff up. In case you needed a cautionary tale about workplace...more

DarrowEverett LLP

Terminating Employees? Ignoring State And Local Wage Laws Can Cost You

DarrowEverett LLP on

Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...more

Constangy, Brooks, Smith & Prophete, LLP

The man who said "no" to DEI training, and four lessons for employers

Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

McGlinchey Stafford

Don’t Talk Politics at a Cocktail Party but Can Employees Talk Politics at Work?

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Come November, the United States citizens will vote for the next president. While all presidential elections cause differences of opinion (and sometimes hurt feelings), when can an employee talk politics at work? When can...more

Husch Blackwell LLP

8th Circuit Decision Roundup – June 2024

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The Eighth Circuit Court of Appeals has issued several significant decisions that employers doing business in Minnesota should be aware of. Here are a few highlights of recent Eight Circuit Decisions that have addressed...more

Ius Laboris

Workplace protections for reservists’ spouses in Israel

Ius Laboris on

In light of the ongoing war, a new amendment to Israeli law provides protection to the spouses of reservists. In accordance with the Veterans (Return to Work) Law, employers are already prohibited from dismissing...more

Allen Matkins

Court Of Appeal Holds Stock Options Are Not Wages, But Damages Need Not Be Measured At The Time Of Breach

Allen Matkins on

As an employee of Skillz Inc., Gautam Shah received awards of stock options.  Under the Skillz plan, Mr. Shah could exercise his vested options within three months of his termination of employment.  However, his options...more

McDermott Will & Emery

Erschütterung des AU-Beweiswertes bei passgenauer Krankschreibung

McDermott Will & Emery on

Folgt auf die Kündigung des Arbeitgebers die Vorlage von Arbeitsunfähigkeitsbescheinigungen, die den Zeitraum bis zur Beendigung des Arbeitsverhältnisses passgenau abdecken, kann deren Beweiswert erschüttert sein. Das BAG...more

Constangy, Brooks, Smith & Prophete, LLP

When employers are sorry

The unconditional offer of reinstatement. Are you perfect? So am I. But I’ve been told that there are people in the world who sometimes make mistakes. Sometimes employers do things that they think they have a perfect right...more

Stevens & Lee

Federal Court Upholds Employment Application’s Statute of Limitation Provision for Filing Lawsuits

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Key Takeaway: Employers can increase protection against § 1981 lawsuits by including a statute of limitations provision in their employment application. The Fifth Circuit recently remitted a jury award in favor of the...more

Jackson Lewis P.C.

Iowa Employers Must Ensure Strict Adherence to State’s Drug Testing Law

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A recent Iowa court decision highlights the risks to employers who do not strictly comply with all facets of the state’s drug testing law, Iowa Code Section 730.5, which is one of the nation’s most technical drug testing...more

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