A Retaliation Refresher: What's the Tea in L&E?
DE Under 3: Title VII Actionable Adverse Employment Actions Not Limited to Only “Ultimate” Employment Decisions
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation - Employment Law This Week®
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
Managing the Size and Structure of Your Post-Pandemic Workforce
Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]
Workplace Violence Rises During COVID-19 - Employment Law This Week®
Social Media + Employees = Hot Mess
Warning Signs that Signal You Might be Terminated from Your Job
The Basics of Michigan’s Social Media Password Law & Why It Isn’t Such a Great Idea
2025 is halfway over, and already, there has been significant activity and legal developments throughout the U.S. on the state and local level. Below is a recap of notable laws enacted throughout the U.S. that have become...more
The National Labor Relations Board (NLRB) made waves with its November 13, 2024 decision in Amazon.com Services LLC, 373 NLRB No. 136 (2024) overturning Babcock & Wilcox Co. and 75 years of precedent that had allowed...more
As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more...more
On August 14, 2023, the U.S. Court of Appeals for the First Circuit issued a decision—Marcus v. American Contract Bridge League—clarifying and applying the standards for determining whether an employee qualifies for the Fair...more
DOL Proposes Changes to Overtime Regulations. On August 30, 2023, the U.S. Department of Labor (DOL) announced that it would issue a notice of proposed rulemaking to amend the regulations implementing the overtime provisions...more
This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more
On April 21, 2021, the City of Chicago enacted the Vaccine Anti-Retaliation Ordinance that provides all workers in Chicago with rights to obtain COVID-19 vaccinations during their work hours and imposes significant penalties...more
Early in 2019, social media feeds, from Instagram to Twitter and Facebook, were filled with “10-Year Challenge” posts. To participate, users posted side-by-side pictures from 2009 and 2019, respectively, with...more
As we have previously written, the issue of employment arbitration agreements and their effect on class action matters has been an area of significant evolution over the years. Last week, on August 21, 2019, the National...more
Seyfarth Synopsis: On June 11, 2019, in an age discrimination lawsuit, the U.S. District Court for the Eastern District of Tennessee once again demonstrated how the lenient standard that is so often applied at the conditional...more
The Texas Court of Appeals for the Fourteenth District recently reversed and remanded a judgment in favor of an employer on an employee’s claim of retaliation under the Fair Labor Standards Act (FLSA). The court found there...more
The Affordable Care Act (ACA) added Section 18C to the Fair Labor Standards Act (FLSA) to prohibit retaliation against employees who engage in certain activities protected by the ACA. Responsibility for receiving and...more
The Equal Employment Opportunity Commission just released new guidance on retaliation, updating guidelines last issued in 1998. Reviewing the new guidance reminded us of all the times that retaliation has become an issue...more
When does a retaliation claim under the Fair Labor Standards Act (FLSA) arise? Put another way, does an employee actually have to go to the U.S. Department of Labor before an adverse employment action in order to have a...more
In an important recent decision, DeMasters v. Carilion Clinic, the Fourth Circuit determined that the so-called “manager rule” exception to federal anti-retaliation laws does not apply to employment cases filed under Title...more
On April 20, 2015, the United States Court of Appeals for the Second Circuit reversed a long-standing precedent when it held in Greathouse v. JHS Security Inc., that an internal oral complaint could be sufficient to...more
Employers should take note of the newly effective amendment to the Illinois Human Rights Act, which enhances protections for employees affected by pregnancy or childbirth, imposes accommodation requirements on employers, and...more
The Affordable Care Act (ACA)'s whistleblower provisions may present a hazard for unsuspecting employers. On February 27, 2013, the Department of Labor's Occupational Safety and Health Administration (OSHA) released an...more
The U.S. Court of Appeals for the Seventh Circuit recently denied an employer’s motion for summary judgment in a closely watched FLSA retaliation case based on circumstantial evidence of a causal nexus between protected...more