Proof in Trial: University of Louisville
2021 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
Secondary Considerations of Non-Obviousness - Patents: Post-Grant Podcast
The Risk of Personal Injury Claims from COVID-19 and What to Do About It
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
VIDEO: Will Pending Federal Covid-19 Legislation Preempt Longstanding State Laws Regarding the Burden of Proof in Workers’ Compensation Claims?
Podcast: IP Life Sciences Landscape: Aiding Orange and Purple Book Patent Owners in Developing PTAB Survival Skills
II-31- The Changing 9 to 5 From 1980 to Today
The Equal Pay Act of 1963 (the EPA) and related state laws require employers to pay men and women equally for equal work. ...more
The U.S. Supreme Court set the record straight on June 5, 2025 — reminding employers that all employees are created equal when it comes to Title VII litigation in federal court. The decision in Ames v. Ohio Department of...more
In a unanimous opinion decided January 15, 2025, E.M.D. Sales, Inc., v. Carrerra et al., the U.S. Supreme Court ruled that the less stringent preponderance of evidence standard, instead of the clear and convincing evidence...more
The Seventh Circuit Court of Appeals recently clarified the evidentiary bar for employees bringing Fair Labor Standards Act (FLSA) overtime claims, requiring employees to provide specific, detailed evidence of their work...more
Last month the United States Supreme Court (“SCOTUS”) delivered a pro-employer ruling on the standard of proof required under certain provisions of the Fair Labor Standards Act (FLSA). In E.M.D. Sales, Inc. v. Carrera, the...more
Employers facing lawsuits or government investigations under the federal Fair Labor Standards Act (FLSA) must demonstrate that certain employees are exempt from the law’s requirements for minimum wage and overtime pay....more
On Jan. 15, the United States Supreme Court issued its decision in E.M.D. Sales, Inc. v. Carrera, which clarified that employers need only prove that an employee is exempt from the Fair Labor Standards Act (“FLSA”) by a...more
Employers are breathing a sigh of relief after the U.S. Supreme Court last week unanimously confirmed the application of a “preponderance of the evidence” standard to an employer’s burden of proof when it seeks to establish...more
Burdens of proof can be a mundane issue to discuss. Addressing the standard by which a fact finder decides a legal claim between opposing parties does not generate much enthusiasm with legal scholars. Nevertheless, the burden...more
What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more
Executive Summary - In January, the Eleventh Circuit issued a decision that likely will impact employers’ litigation strategies in discrimination cases. In Tynes v. Florida Department of Juvenile Justice, the court...more
The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers,...more
Folgt auf die Kündigung des Arbeitgebers die Vorlage von Arbeitsunfähigkeitsbescheinigungen, die den Zeitraum bis zur Beendigung des Arbeitsverhältnisses passgenau abdecken, kann deren Beweiswert erschüttert sein. Das BAG...more
We often hear claims from employees who threaten to sue their employer for creating a “hostile work environment.” When we dig into the complaints, often the employee is alleging that their manager is mean or unfair to them,...more
The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more
One of the most important decisions in employment discrimination law this year remains the Fourth Circuit Court of Appeals’ decision in Balderson v. Lincare Inc., in which the Court reiterated that Title VII plaintiffs (and...more
The West Virginia Supreme Court of Appeals (WVSCA) issued a new ruling in Fairmont Tool Inc. v. Opyoke, clarifying an employee’s burden of proof to sustain an interference claim under the Family and Medical Leave Act (FMLA)...more
In Morgan v. Sundance, Inc., decided May 23, a unanimous Supreme Court addressed the standard for determining whether a party has waived its right to arbitrate a controversy by first engaging in litigation. Overruling...more
Earlier this week, the Supreme Court unanimously held in Morgan v. Sundance that litigants are no longer required to show prejudice when opposing a party’s delayed attempt to compel arbitration. Previously, an Eighth Circuit...more
On Jan. 27, 2022, the Supreme Court of California issued Lawson v. PPG Architectural Finishes, Inc., No. S266001, ___ Cal. 5th ____, a decision that decisively changed the burden for employers in defending against claims...more
California employers can expect to see an uptick in whistleblower claims as a result of a recent California Supreme Court ruling that increases the burden on employers to prove that adverse employment actions are based on...more
This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies. California Supreme Court Specifies...more
The California Supreme Court set a new, more employee-friendly, evidentiary standard for whistleblower retaliation claims. In Lawson v. PPG Architectural Finishes, Inc., the Court held Labor Code section 1102.6, not the...more
The California Supreme Court just made things a bit more difficult for employers by lowering the bar and making it easier for disgruntled employees and ex-employees to bring state whistleblower claims against businesses. The...more
The California Supreme Court, in a critical decision, has answered a key question regarding whistleblower retaliation claims. Last year, the Ninth Circuit Court of Appeals certified an important question to the Court...more