Searching Content indexed under Employment Litigation/ Tribunals by Davis & Gilbert ordered by Published Date Descending.
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Employment Litigation Alert >> Employers Need to Promptly Raise Plaintiff's Failure to File Charges with the EEOC
In a unanimous opinion authored by Justice Ruth Bader Ginsberg, the U.S. Supreme Court recently ruled that Title VII's requirement that employees file a charge with the U.S.
United States
25 Jul 2019
Labor & Employment Alert >> New York State Legislation Significantly Expands Workplace Harassment Protections
In June, the New York State Legislature approved a bill that will effect sweeping changes to New York's laws protecting employees from harassment, discrimination and retaliation in the workplace.
United States
16 Jul 2019
Labor & Employment Alert >> New York Manual Workers Who Are Not Paid Weekly Can Bring An Action For Damages
A federal court in New York recently held that a class of manual workers may pursue claims against their employer for failing to pay them on a weekly basis in accordance with the New York
United States
6 Jun 2019
Employment Litigation Alert >> Employers Risk FMLA Claims For Terminating Employees Whose Unexplained Absences May Be Medically Related
On March 14, 2019, a federal court in Pennsylvania issued a noteworthy decision that should remind employers to ask if an employee's unexplained absences may be due to medical reasons.
United States
1 May 2019
Employment Litigation Alert >> Enhancing Enforceability Of Restrictive Covenants Against Terminated Employees
Employers must be aware that restrictive covenants may not be enforceable against employees—even employees whose employment is at will—if and when an at will employee is terminated without cause.
United States
9 Apr 2019
Employers May Be Required To Accommodate Employees Who Request To Work Part Time Due To A Disability, Even If They Had Previously Worked In Full-Time Roles
Last month, the Sixth Circuit (which has jurisdiction over Michigan, Ohio, Tennessee and Kentucky) revived an employee's claim that the termination of her employment, due to her inability to return to her full-time job because of her post-partum depression and separation anxiety arising from leaving her baby at home, was a violation of the Americans with Disabilities Act (ADA).
United States
10 Sep 2018
Litigation Alert >> Aiding And Abetting Discrimination — Not Just For Employers And Supervisors Anymore
On May 31, 2017, the Second Circuit revived discrimination claims against two out-of-state...
United States
27 Jun 2017
Enforcing Restrictive Covenants Against Employees Discharged Without Cause
Can an employer enforce post-employment restrictive covenants (including agreements not to compete and not to solicit customers and employees) against an employee discharged without cause?
United States
27 Apr 2017
2016 Mitigating Risk: Key Litigation Developments - Employment >> Restrictive Covenant Keys: Choice Of Law, Forum Selection Provisions
In some states, such as California, non-compete agreements essentially are unenforceable outside the sale-of-business context because of the state's strong public policy against such agreements.
United States
12 Apr 2016
2016 Mitigating Risk: Key Litigation Developments - Employment >> DOL Takes On Misclassification Of Employees As Independent Contractors
The U.S. Department of Labor's Wage and Hour Division (WHD) has significantly stepped up its efforts to reduce the misclassification of workers as independent contractors under the Fair Labor Standards Act (FLSA).
United States
12 Apr 2016
2016 Mitigating Risk: Key Litigation Developments Employment >> Managing The Very Real Risks Of FLSA Class Action Lawsuits
Class action lawsuits by employees and independent contractors asserting claims under the Fair Labor Standards Act (FLSA) continue to plague employers — and show no sign of leveling off, let alone decreasing.
United States
12 Apr 2016
Restrictive Covenants For New York Employees Must Be Tailored To Comply With New York Law
On her first day on the job, Johnson was presented with a restrictive covenant agreement which had not been provided to her when she accepted her offer of employment.
United States
8 Jul 2015
Defining "Solicitation" In Restrictive Covenant Agreements
In "Bessemer Trust Company v. Branin", the Court of Appeals held that an executive who sold his company and later joined a competitor could assist his new employer in a variety of ways to pitch his former clients without violating the law on non-solicitation.
United States
28 Jul 2011
Federal Law Expands Whistleblower Protections
Since the Corporate and Criminal Fraud Accountability Act of 2002 (Sarbanes-Oxley or SOX) became law, its whistleblower provisions have protected employees who report information that they reasonably believe constitutes fraud upon a public company’s shareholders from adverse employment action.
United States
26 Jul 2011
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