Part of our standard advice to nearly every client is "document, document, document." Typically, robust and timely documentation ensures that an employer has strong evidence of its legitimate rationale for making employment...more
1/24/2025
/ Best Practices ,
Documentation ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
Record Retention ,
Retaliation ,
Title VII
In Johnson v. Global Language Center, the Fourth Circuit Court of Appeals affirmed a district court's decision to grant summary judgment in favor of an employer in a Title VII retaliation claim, where the “protected activity”...more
In February 2021, we wrote about Kinzer, et al. v. Whole Foods Market, Inc., a case pending in Massachusetts federal court in which multiple employees alleged that they had been terminated by Whole Foods for wearing Black...more
1/30/2023
/ Black Lives Matter ,
Corporate Counsel ,
Dress Codes ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Masks ,
Retaliation ,
Summary Judgment ,
Termination ,
Title VII ,
Whole Foods ,
Workplace Attire
In a pair of notable new lawsuits, employees of both public and private employers have filed legal challenges to mandatory COVID-19 vaccination policies. First, on April 16, 2021, in the Middle District of North Carolina, a...more
On February 5, a federal court in Massachusetts entered an order dismissing Title VII claims brought against Whole Foods by a number of employees who were disciplined for wearing masks or other items supportive of the Black...more
The federal Worker Adjustment and Retraining Notification (WARN) Act generally requires employers of more than 100 total employees to provide at least 60 days’ advance notice if they are terminating at least 50 employees or...more
On November 1, a federal court in New York dismissed a lawsuit filed by several Amazon workers that largely sought to compel the company to comply with public health guidance. The case, Palmer v. Amazon.com Inc., was notable...more
11/20/2020
/ Amazon ,
Coronavirus/COVID-19 ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
OSHA ,
Public Health Emergency ,
Public Nuisance ,
State Health Departments ,
State Labor Laws ,
Workplace Safety
The U.S. Department of Labor’s new joint employment regulations appear to provide franchisors and some other contractual business arrangements with protections against wage claims from workers not employed by them. However,...more
1/21/2020
/ Appeals ,
Comment Period ,
Department of Labor (DOL) ,
Employment Litigation ,
Final Rules ,
Franchisors ,
Joint Employers ,
Multi-Factor Test ,
New Guidance ,
Risk Management ,
Rulemaking Process ,
Safe Harbors ,
Staffing Agencies