Mondaq USA: Employment and HR
Cahill Gordon & Reindel LLP
On March 8, 2017, the United States Court of Appeals for the Ninth Circuit ruled, in a 2-1 decision, to affirm a district court's denial of defendant-employer's motion to dismiss a whistleblower...
Dinsmore & Shohl
The case arose out of Damiana Ochoa's Title VII suit against her former employer, McLane, who she said discriminated against her on the basis of her gender.
Breazeale, Sachse, & Wilson, LLP
What efforts are you taking to protect your business? Noncompete Agreements should be in your business protection arsenal. Moreover, protecting your business and client base should take place now.
Littler Mendelson
Several days after filing the suit, the Chamber filed a motion for preliminary injunction.
McDermott Will & Emery
On March 20, 2017, the Internal Revenue Service (IRS) issued Revenue Procedure 2017‑28, which provides guidance to employers on obtaining employee consents used to support a claim for credit or refund of overpaid taxes under the Federal Insurance Contributions Act (FICA) and the Railroad Retirement Tax Act (RRTA).
Ogletree, Deakins, Nash, Smoak & Stewart
On April 13, 2017, Governor Hickenlooper signed the Wage Theft Transparency Act into law, which is effective immediately.
Duane Morris LLP
Today, April 24, 2017, is Holocaust Remembrance Day (Yom HaShoah) . During the Holocaust, more than 11 million human beings were systemically murdered. Plus, millions more died in battle. That includes our brave military forces that sacrificed their lives to save the lives of others.
Carlton Fields
On appeal, plaintiff argued that her post-termination arbitration hearing and the statutory limits on judicial review of the arbitration's result violated her procedural due process rights.
Seyfarth Shaw LLP
A federal district court in Illinois recently granted the EEOC's motion for partial summary judgment in EEOC v. Dolgencorp, relative to two defenses advanced by an employer...
Flaster Greenberg PC
In a novel expansion of federal anti-discrimination protections, the Third Circuit Court of Appeals recently reversed the district court's dismissal of a Title IX lawsuit against Mercy Catholic Medical Center...
Ford & Harrison LLP
In an April 6, 2017, decision, Saint Xavier University, 365 NLRB No. 64 (2017), the NLRB determined that it was appropriate to exercise jurisdiction over a petitioned-for unit of housekeeping employees...
Fisher Phillips LLP
Driven by a scarcity of qualified talent and the need for their companies to be increasingly agile and cost-effective, human resources (HR) leaders are increasing their focus on and preparing to embrace the mounting gig economy.
Cadwalader, Wickersham & Taft LLP
Imagine this: You have been charged with sexual misconduct and suspended without warning. You are given no opportunity to make a statement in your own defense.
Recently, in McLane Co., Inc. v. EEOC, case number 15-1248 , the United States Supreme Court clarified the standard for when an appellate court reviews a trial court's order to enforce or quash a subpoena from the EEOC.
Holland & Knight
In McLane Co., Inc. v. Equal Employment Opportunity Commission, the Supreme Court of the United States held that a district court's decision to enforce or quash a EEOC subpoena must be reviewed for abuse of discretion, not de novo review.
Cullen & Dykman
A University of Virginia ("UVA") administrator, Betsy Ackerson, recently filed a lawsuit in a Virginia federal court against the UVA Board of Visitors, claiming that the university knowingly paid her less than her male counterparts.
On April 5, 2017, the New York City Council passed an amendment to the New York City Human Rights Law prohibiting employers or their agents from inquiring about the salary history of an applicant
Proskauer Rose LLP
The Ninth Circuit affirmed two district court decisions that concluded medical providers were not "beneficiaries" under Section 502(a) of ERISA and therefore lacked standing to bring an ERISA claim.
Wilson Elser Moskowitz Edelman & Dicker LLP
Dean Rocco (Partner-Los Angeles) is the author of "Trumping Labor," an article on the Trump Administration's changes in employment law and those in the works.
Proskauer Rose LLP
On April 12, 2017, the Third Circuit partially revived a former in-house attorney's whistleblower retaliation lawsuit against his previous employer.
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Duane Morris LLP
The probability of a court issuing a permanent injunction or agency action rescinding or modifying the Final Rule could be influenced by the upcoming presidency of Donald Trump and change in administration.
Ropes & Gray LLP
As a result of these changes, millions of workers will lose their current FLSA-exempt status on December 1, 2016.
Ogletree, Deakins, Nash, Smoak & Stewart
On January 5, 2017, USCIS announced that it would no longer use this formatting system. USCIS began posting processing times using a specific date formation rather than the previous formatting system.
Cadwalader, Wickersham & Taft LLP
In the event the DOL issues a final rule after April 10, 2017 that implements a delay in the applicability date.
A nurse employed by a major medical center was suspected of illegally diverting medications.
McDermott Will & Emery
Near the end of 2016, the US Department of Treasury and the Internal Revenue Service (IRS) published two significant sets of proposed regulations on issues pertaining to defined benefit pension plans.
Stroock & Stroock & Lavan LLP
An examination of intensifying efforts to pass federal and state "right-to-work" legislation amid a backdrop of judicial fair share fee challenges, and the potential consequences for public and private unions.
Ogletree, Deakins, Nash, Smoak & Stewart
The U.S. Equal Employment Opportunity Commission is taking the position that an emotional support animal may be a required reasonable accommodation in the workplace
Seyfarth Shaw LLP
In a class action alleging that the criminal background policy of Washington D.C.'s local transit authority had a disparate impact on African-Americans, a federal district court recently certified three classes...
Moritt, Hock & Hamroff LLP
PFL requires almost all New York employers, regardless of size, to provide eligible employees with 12 weeks of paid leave to engage in "family care," namely, to care for a child following birth...
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