Labor & Employment Law
Labor & Employment Law
The General Motors employee was never diagnosed with any medical condition until after her termination and never sought medical help for any symptoms or conditions from which she was suffering while employed. The single, unsubstantiated statement by ...
In case you missed the in-depth coverage of Labor and Employment Law Daily during January, here’s a recap of some key developments in the L&E community. Highlights include : Supreme Court: High Court hears argument stemming from Ohio National Guard l...
Whatever the rationale, there are important employment-related issues that you need to consider each time you plan to hire in a new jurisdiction. There are many reasons your business might consider hiring in or transferring current employees to a cou...
As a threshold matter, employers must recognize the myriad ways they may already be using automated employment decision tools that fall within the ambit of the law. The Equal Employment Opportunity Commission's first commission meeting of 2023, entit...
The manufacturer’s HR director had noted seven instances in which the engineer’s supervisor included the wrong employees’ names on their respective evaluations. A former Field Service Engineer for Krauss-Maffei Corporation could not establish that th...
Though her supervisors had expressed concerns about her writing abilities, the record showed they decided the day before her termination to extend her probationary period. A Black construction consultant who claimed she was the only non-Caucasian in ...
Given the significant publicity surrounding Wynn’s alleged sexual harassment, the employers’ lack of corrective measures allowed an inference that they sanctioned it, according to the court. Despite their employers’ contention that their sexually hos...
She was warned by her colleagues that her intention to take 12 weeks of maternity leave could have a negative impact on her chances of promotion. A surgeon employed by the Mayo Clinic as a three-year senior associate consultant advanced her claims of...
Because the putative “breach of contract” involved the union and the employer, not the employee, the court concluded that the employee had brought a “hybrid” claim involving both the LMRA and an alleged breach of the union’s duty to represent the emp...
The court granted the employer’s motion to alter the judgment to the extent that it amended the verdict to a sum of $75,881 in compensatory damages and a sum of $75,881 in liquidated damages. A federal district court in the District of Columbia reduc...
On appeal, the trial court ruling was reversed regarding the “sovereign powers” doctrine, and whether a hospital authority was an exempt municipal corporation. A trial court erred in granting a hospital authority’s demurrer to class action claims bro...
Employees were seen working on a roof without fall protection after two other workers died from falls. Unrelated employers face a total of $283,805 in proposed penalties for various hazards. After employees were seen working on the roof of a New Jers...
According to the EEOC, male employees were subjected to repeated physical abuse and sexual comments, including grabbing and simulated sex, and a female employee was subjected to offensive verbal comments and demeaning work assignments. Monro, Inc., t...
The first-of-its-kind proposal also includes recommendations related to employers’ use of artificial intelligence. The AFL-CIO has announced its release of a report detailing the labor organization’s recommendations for creating a worker-centered dig...
Labor & Employment Law
The employer said it fired him due to a business downturn caused by the COVID-19 pandemic, but the former sales manager alleged he was fired because of his heart condition. A company that provides industrial services to oil and gas operators and expe...
With recent workplace violence incidents in the news, employers may want to consider the steps they are taking to prevent incidents of workplace violence. Workplace violence is a growing concern in California and across the country, as evidenced by n...
The duty to investigate arises whenever – and however – the company becomes aware of conduct that may be a serious violation of law or policy. Federal prosecutors recently outlined a new approach to the way they treat criminal corporate misconduct – ...
The parties clearly and unmistakably evinced an intent to delegate arbitrability questions to the arbitrator. A federal district court in Florida granted Home Performance Alliance’s motion to compel arbitration on the arbitrability of an employee’s d...
The 69-year-old employee alleged that his supervisor accused him of acting “confused” and threatened him with the police when he initially said he did not want to sit and wanted to return to work. A poultry processing plant worker who alleged he was ...
The municipal employer presented a number of nondiscriminatory reasons for not promoting him, but the employee failed to convincingly rebut them, thus warranting entry of summary judgment for the municipality. Although a white animal control officer,...
The transfer occurred shortly after she talked to a compliance officer investigating allegations of harassment in the office of the council member for whom she worked. A communications and events manager for a New York City Council Member, who allege...
Even if the timeliness provision did not bar the employee’s claims, the trial court did not err in finding that there was no agreement to correct salary errors retroactively beyond the beginning of the school year in which the error was discovered. ...
Although the employee asserted that payment of bonuses was guaranteed based on advertisements and an “effective hourly rate” listed on paystubs, others understood that bonuses were discretionary. A federal district court in Iowa declined to certify a...
The arrest stems from the employer’s refusal to respond to a January 2022 subpoena. The U.S. Marshals Services arrested the owner of Il Vizio Restorante Italiano Corp., which operates two restaurants in Long Island, New York, for failing to provide i...
One employer was accused of failing to hire or promote women, while another ignored sexually hostile work environments experienced by female employees and customers at multiple locations. Joe & the Juice to pay $715K. A nationwide restaurant that spe...
Governor Murphy signed the “Temporary Workers’ Bill of Rights” on February 6. On Monday, New Jersey Governor Phil Murphy signed a revised version of A1474 /S511 , known as the "Temporary Workers' Bill of Rights," which expands the rights and protecti...
Labor & Employment Law
The employer challenged the merits of the legal theory underlying the claims that the employee raised in three different courtrooms, all without even attempting to reserve its arbitration right. Relying on established Ninth Circuit precedent, the app...
The City's law is actually one of the more onerous laws and is similar in some respects to the New York City Fair Chance Act. The city of Gainesville has passed a Fair Chance Hiring law governing an employer's use and consideration of a job applicant...
Starting in July, certain provisions of the Cannabis Employee Job Retention Ordinance will apply when a cannabis business undergoes a “change of control.” Seattle is not only a hotbed for the cannabis industry but also for cannabis industry employmen...
Although a model patrol officer during the early part of his career, the later years were characterized by serial misconduct and disciplinary action. Citing the extensive misconduct set forth in a patrol officer’s termination letter, a federal court ...
Statements made in the training and their mandatory, recurring nature purportedly indicated the workplace was “permeated with discrimination, ridicule, and insult,” according to the employee, but sufficient supporting factual allegations were absent....
“[T]he obligation to pay the filing fee is properly understood as a condition subsequent, not precedent, to instituting a civil action.” An employee who brought a pro se discrimination suit against his former employer and a staffing agency had his cl...
The court noted that there had been significant developments in the jurisprudence regarding “no-poach” and “no-hire” agreements during the pendency of the instant motion to dismiss, so it gave the one timely employee a chance to amend. A group of lux...
The village had previously conceded on appeal that the police chief, fired without notice or a pre-termination hearing, had a property interest in his job. A discharged police chief of the Village of University Park, Illinois, whose protected propert...
The new mother was fired two months after she returned from leave and six months after she complained to the EEOC of discrimination. A federal district court in South Carolina granted an assisted living facility’s motion for summary judgment in a ret...
There is a clear distinction between the employment protection offered to an individual’s status as a qualifying patient and an employer’s authority to prohibit marijuana use among its employees. Two pulp and paper mill employees who were medical mar...
The video game company was charged with violating the Exchange Act’s disclosure controls and procedures, as well as its whistleblower protection rules. The SEC Commission found that Activision Blizzard executed separation agreements between 2016 and ...
According to the Commission’s lawsuit, Black employees at a Domino’s franchise in New York were subjected to racial slurs, intimidation, and physical threats. According to a recent announcement by the EEOC, it has filed suit against Parris Pizza Comp...
It highlights the need for access to leave without pay under certain circumstances for all employees, including those in the first year of service, as well as “safe leave” for employees impacted by domestic violence and similar circumstances. Preside...
Labor & Employment Law
The Act was enacted to help regulate “the collection, use, safeguarding, handling, storage, retention, and destruction of biometric identifiers and information.” The five-year catchall limitations period of Section 13-205 of the Illinois Code of Civi...
The employer may continue to pay its portion of a group insurance plan premium, with the employee remitting the employee’s portion in accordance with the employer’s uniformly-applied policies or practices. On January 6, 2023, the Massachusetts Depart...
High-paying companies often have poor cultures where employees are treated terribly because they cannot measure up to the performance expectations matching the pay. In a world where the labor participation shortage is genuine and not going away, manu...
The attorney claimed she was subjected to "a multi-year pattern of harassment and hostility" from the agency because she filed multiple complaints and grievances. On remand from the D.C. Circuit, which had revived an EEOC legal advisor’s claims again...
The doctor’s report stating the employee had a “permanent impairment” was prepared more than one year after his termination and was devoid of any medical evidence concerning his disability during his employment. A probationary employee who was discha...
A jury could also find the conduct was sufficiently severe or pervasive since the alleged remarks were frequent—ever day, sometimes multiple times a day, for six month—and made by his immediate supervisor. A state social services agency will face tri...
The problem with the employer’s motion to dismiss was that nothing in the pleadings showed that the veteran postal worker’s complaint was subject to exhaustion of CBA dispute resolution procedures. A federal district court in Wisconsin declined to di...
A craft unit consists of a distinct and homogeneous group of skilled journeymen craftsmen, who are primarily engaged in the performance of tasks that are not performed by other employees, and that require the use of substantial craft skills and speci...
Although the union’s executive board overruled the grievance committee’s recommendation to send the employee’s claim to arbitration, doing so did not breach its duty of fair representation. A former employee of the 1199 SEIU National Benefit Fund and...
A roundup of recent age discrimination decisions of interest to the labor and employment community. Cal. App.: Group counselor failed to prove associational discrimination, retaliation. A part-time group counselor with a county’s probation department...
GOP legislators announced plans to introduce a (barely) bipartisan disapproval resolution this week in the Senate, alongside a companion bill in the House, and last week 25 states filed a federal lawsuit seeking to ban the DOL rule. As previously rep...
The allegations also include child labor, H-2B worker program, and FMLA violations. The U.S. Department of Labor’s (“DOL’s”) Wage and Hour Division (“WHD”) has separately announced awards totaling combined monetary recovery amounts of $957,706 in bac...
If successful, he alleges, he will continue the efforts of removed independent directors to investigate allegations that the Company’s Chairman, Vince McMahon, paid “hush money” to purported victims of his sexual misdeeds and potentially breached his...
Labor & Employment Law
USERRA § 4316(b)(1) requires employers to provide employees who take military leave with the same non-seniority rights and benefits as their colleagues who take comparable non-military leaves. Two airlines were not entitled to summary judgment in a p...
Jackson Lewis attorneys in the firm’s Class Actions and Complex Litigation Practice Group also look ahead at potential new challenges in store for employers in 2023. In the latest issue of the Jackson Lewis Class Action Trends Report , attorneys in t...
California’s pay data reporting requires private employers with one hundred or more employees to file annual pay data reports with the Civil Rights Division. The California Civil Rights Division (CRD) recently released updated guidance in the form of...
The First Circuit’s decision in Unitil Serv. Corp. adds some much-needed judicial gloss to the realm of hyper-technical overtime exemptions under the FLSA. Employers operating in certain states should note that the 1st U.S. Circuit Court of Appeals j...
It was, said the court, “the combustible mixture of unrestrained aggression and unmitigated mendacity that separated this case” from the officer’s proffered comparators. Affirming summary judgment against the state-law race discrimination claim of a ...
After interviewing for a partnership position, she was not selected purportedly due to a poor interview, not because of her age or her past conflicts with a coworker. A federal district court in Indiana granted Ascension Health Alliance’s motion for ...
The court said the employee could not establish pretext where evidence supported that the employer honestly believed its stated reasons for termination, and therefore, the employee’s claims collapsed. Granting summary judgment against a fast-food emp...
The nominally paid participants claimed they were not provided any training that would promote future employment, and that the requirement that they work at least 40 hours per week left little time for rehabilitation. Three participants in Salvation ...
Federal executive agencies have long used their statutory authority over the “time” of nonimmigrant admission to set the length of F-1 visa-holders’ permitted presence in the United States and the “conditions” they must meet while here. A divided D.C...
A roundup of recent NLRB decisions of interest to the labor and employment community. Employer required to bargain the effects of changing start time for salaried employees. An employer violated Section 8(a)(5) and (1) of the NLRA when it failed to b...
Other offenses he committed included benefiting from forced labor and harboring undocumented non-citizens. A Virginia man pleaded guilty to conspiring to defraud and commit offenses against the United States, including human trafficking of individual...
However, H-2B petitions for workers filing under the Haiti, El Salvador, Guatemala, and Honduras allotment, as well as those who are exempt from the congressionally mandated cap, continue to be accepted. The U.S. Citizenship and Immigration Services ...
The CCHT annual report highlights investigations, arrests, and prosecutions, as well as achievements in aiding victims and providing immigration support. The second Center for Countering Human Trafficking (CCHT) Annual Report released by the Departme...