Searching Content indexed under Employment Litigation/ Tribunals by Troutman Sanders LLP ordered by Published Date Descending.
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Michigan Enacts Ban-The-Box Policy For Public Employees Starting October 1
On October 1, the State of Michigan will join more than 150 cities and counties as well as over 32 states in enacting a ban-the-box policy that prohibits asking job applicants...
United States
1 Oct 2018
Seventh Circuit Issues Landmark Ruling Permitting Sexual Orientation Discrimination Claims Under Title VII
On April 4, 2017, the Seventh Circuit became the first federal appellate court to rule that sexual orientation discrimination is protected under Title VII of the Civil Rights Act of 1964 as a matter of law.
United States
28 Apr 2017
What Does The Landmark Ruling Declaring Sexual Orientation Discrimination Illegal Under Title VII Really Mean?
On Tuesday, April 4, 2017, the Seventh Circuit Court of Appeals became the first Federal Appellate Court to hold that Title VII of the Civil Rights Act of 1964 protects discrimination on the basis of sexual orientation.
United States
27 Apr 2017
California's Regulation Regarding Consideration Of Criminal History In Employment Decisions
The Fair Employment and Housing Council published the final text for the "Consideration of Criminal History in Employment Decisions" regulation on March 27, 2017.
United States
10 Apr 2017
A New Era Of Decreased Enforcement?
Are we moving into an era of less aggressive enforcement by the federal agencies tasked with responsibility over our nation's labor and employment laws?
United States
7 Apr 2017
Employment Agreements Under The Bright Light Of The SEC's Enforcement Efforts
Back in April 2015, we told you about a new player in the world of employee whistleblower enforcement: the Securities and Exchange Commission (SEC).
United States
28 Feb 2017
Are Disabled Employees Entitled To Be Reassigned To An Open Position?
A recent federal Appellate Court decision offers employers greater flexibility and decision making authority in considering job reassignments for qualified disabled employees.
United States
10 Feb 2017
Employers Beware: Ninth Circuit Finds Inclusion Of Liability Waiver In FCRA Background Check Disclosure Form Is A Willful Violation
On January 20, 2017, the Ninth Circuit Court of Appeals issued a decision of first impression in Syed v. M-I, LLC, a putative class action...
United States
9 Feb 2017
Sticky Notes On Applications Create "Sticky" Problem In Hiring
A nationwide restaurant chain is in a "sticky" situation, and not because of the barbeque sauce on its ribs.
United States
30 Jan 2017
The Defend Trade Secrets Act: What Does It Really Mean For Employers? The Good, The Bad And The Ambiguous, Part 3
In this Part 3, we address the bad — four potential downsides of the DTSA for employers.
United States
9 Jan 2017
Can An Employer Legally (If Unintentionally) Screen Out Older Job Applicants?
The Eleventh Circuit Court of Appeals recently issued a surprising and first of its kind decision holding that applicants may not bring a disparate impact claim under the Age Discrimination in Employment Act.
United States
28 Oct 2016
The Defend Trade Secrets Act: What Does It Really Mean For Employers? The Good, The Bad And The Ambiguous, Part 2
In Part 1 of this post, we began the discussion of what the Defend Trade Secrets Act, passed in May 2016, really means for employers in defending their trade secrets.
United States
14 Oct 2016
The Defend Trade Secrets Act: What Does It Really Mean For Employers? The Good, The Bad And The Ambiguous, Part 1
Signed into law on May 11 of this year, the federal Defend Trade Secrets Act of 2016 amends the Economic Espionage Act to create a private civil cause of action for trade secret misappropriation...
United States
16 Aug 2016
I-9 Violation Fines Increased!
Listen up, employers: On August 1 — that's two days ago! — the Department of Homeland Security increased the Form I-9 violation fines by approximately 96%.
United States
9 Aug 2016
Spokeo-Based Motion To Dismiss Filed In Pennsylvania Federal Court
In Long v. Southeastern Pennsylvania Transportation, the named plaintiffs applied for positions as bus operators with the Southeastern Pennsylvania Transportation Authority ("SEPTA").
United States
8 Aug 2016
Employers Cannot Delay In Seeking Arbitration Of Employment Disputes
Many employers today have implemented arbitration programs mandating that workplace-related disputes brought by or against their employees be decided by an arbitrator.
United States
28 Jul 2016
NLRB Continues Focus On Unionization Of Temp Workers, Joint Employers
Yesterday, the National Labor Relations Board issued yet another decision that makes it easier to unionize workers deemed "joint employees" of a staffing agency and its business customer.
United States
18 Jul 2016
Enforceability Of Class And Collective Action Waivers In Mandatory Arbitration Agreements: The Circuits Are Now Split
Estimates are that nearly 1 in 4 non-union employers require their employees to sign mandatory arbitration agreements as a condition of employment.
United States
12 Jul 2016
The Importance Of A Proper Email Policy
While it is commonly understood that an employee's work email is property of the employer and subject to search at any time, it is important to inform employees of this.
United States
6 Jul 2016
Qualification Is Key Under The ADA
Since the Americans with Disabilities Act (ADA) was amended a few years ago to expand on what is considered a "disability," almost any medical condition of any consequence may now be enough...
United States
30 Jun 2016
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