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Employees Employee Benefits Employment Litigation

Herbert Smith Freehills Kramer

The Supreme Court rules that individuals who no longer hold or seek to hold a job do not have standing to sue under the ADA for...

On June 20, 2025, the U.S. Supreme Court (SCOTUS) held in Stanley v. City of Sanford, Florida that a retired employee who could no longer hold or seek to hold her job could not sue under the Americans with Disabilities Act...more

Bradley Arant Boult Cummings LLP

Supreme Court Limits ADA Claims to Employees and Applicants, Not Retirees

In, Stanley v. City of Sanford, Florida, the U.S. Supreme Court clarified the scope of the Americans with Disabilities Act, holding that Title I’s employment discrimination provisions do not apply to individuals who are...more

FordHarrison

Supreme Court: Retirees Who Cannot Work are not "Qualified Individuals" Entitled to Protection Under Title I of the Americans with...

FordHarrison on

On June 20, 2025, in Stanley v. City of Sanford, the United States Supreme Court concluded that a retiree who could no longer work because of a disability is not a “qualified individual” entitled to protection under Title I...more

Jackson Lewis P.C.

Timing Is Everything: SCOTUS Shuts Down Retiree’s ADA Post-Employment Benefits Claim

Jackson Lewis P.C. on

Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more

Troutman Pepper Locke

Republican-Backed Congressional Proposal in Congress Seeks to Allow Companies to Offer Benefits to Independent Contractors: April...

Troutman Pepper Locke on

Last month, the most significant legal development in the area of independent contractor (IC) compliance and misclassification was on Capitol Hill. Bill Cassidy of Louisiana, a Senate Republican who chairs the Senate Health,...more

Carlton Fields

Second Circuit Vacates Decision Denying Arbitration

Carlton Fields on

The Second Circuit Court of Appeals recently vacated a decision holding that a union could not compel arbitration of a grievance related to an expired collective bargaining agreement....more

Blake, Cassels & Graydon LLP

Droit de l’emploi au Canada : Changements récents et à venir

Au cours de la dernière année, des changements importants ont été apportés à la législation en matière d’emploi un peu partout au Canada. Des mises à jour législatives majeures ont notamment été effectuées en Ontario, en...more

Carlton Fields

California Appellate Court Agrees Marijuana Delivery Driver’s Accident Not Covered Under Personal Auto Policy

Carlton Fields on

A California Court of Appeals decision brought one auto policyholder decidedly down from “cloud nine” in Murphy v. AAA Auto Insurance of Southern California, which found no coverage over a cannabis delivery service employee’s...more

Marshall Dennehey

Petition to Terminate Total Disability Benefits for Claimant Who Had Light-duty Restrictions That Could Not Be Accommodated...

Marshall Dennehey on

Bowman v. Allen Harim Foods, IAB No. 1541176 (Dec. 18, 2024) - On November 4, 2023, the claimant injured his left knee in a compensable work accident that required surgery to his patella. He had to switch doctors after his...more

Marshall Dennehey

Claimant’s Average Weekly Wage Was Properly Calculated Based on a 40-hour Work Week, Even Though He Only Worked a Total of 10 Days...

Marshall Dennehey on

County of Allegheny v. Michael Marzano (WCAB); No 1111 C.D. 2022; filed Dec. 24, 2024 - The claimant was employed by the employer as a corrections officer. He filed a Claim Petition alleging that on July 27, 2018, he was...more

Maynard Nexsen

Sixth Circuit Expands FMLA Leave Rights to Siblings

Maynard Nexsen on

In Chapman v. Brentlinger Enterprises, the U.S. Court of Appeals for the Sixth Circuit (the “Sixth Circuit”) expanded the scope of family relationships covered under the Family and Medical Leave Act (“FMLA”), ruling that...more

McAfee & Taft

Reservist’s claim that employer was anti‑military goes down in flames

McAfee & Taft on

The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination and retaliation based on an employee’s military status or obligations. If an individual’s military status or their...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – January 2025

In the first instalment of 2025, our team summarises the latest UK case law and developments in employment law – and their implications for employers. The UK Government has laid new regulations relating to neonatal care...more

Roetzel & Andress

Illinois Supreme Court Holds Overtime Rate Must Include Non-Discretionary Bonuses Unless They Are Gifts

Roetzel & Andress on

The Illinois Supreme Court held employers violate overtime law by not including non-discretionary bonus payments when calculating employees’ overtime rate. The case is Mercado v. S&C Electric Co., 2025 IL 129526 (Jan. 24,...more

Fox Rothschild LLP

Federal Funding Cuts: Key Considerations for Employers Facing Potential Layoffs

Fox Rothschild LLP on

The Office of Management and Budget issued a vaguely worded memorandum on Jan. 27, 2025, ordering a blanket freeze (with very limited exceptions) in all federal grants, federal loans, and other forms of federal financial...more

Fox Rothschild LLP

Doing Business in California Guide Updated for 2025

Fox Rothschild LLP on

The allure of doing business in California is undeniable. It is the world’s fifth (and moving towards fourth) largest economy and a market of over 39 million people. For employers, however, California presents unique...more

Spilman Thomas & Battle, PLLC

Suspected Abuse of FMLA Leave: What Can be Done?

The Family Medical Leave Act (the “FMLA”) entitles eligible employees of covered employers to take 12 (and in some cases related to military service, 26) weeks of unpaid, job-protected leave for specified family and medical...more

Littler

UK: Fire and rehire –where are we now and what happens next?

Littler on

The controversial practice of “firing and rehiring” – dismissing employees and offering to re-engage them on new terms and conditions, typically to push through a negative change to which the employee has refused to agree –...more

Sheppard Mullin Richter & Hampton LLP

What a Headache: The Third Circuit Finds That a Plaintiff’s Migraines Were Not a Serious Health Condition Under the FMLA

On October 11, 2024, in the matter of Ephriam Rodriquez v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), the Third Circuit Court of Appeals addressed the legal standards for establishing a “serious health...more

Spilman Thomas & Battle, PLLC

FMLA Doesn’t Allow an Employee to Nap on the Job – Does It?!

The Family and Medical Leave Act (FMLA) – a federal law that provides 12 weeks of unpaid leave to employees for their own serious health condition or a family member’s serious health condition – can present tricky situations...more

Littler

Canada: Another Arbitrator Considers Interaction Between Canada Labour Code Leave Entitlements and Other Leave Entitlements

Littler on

In Teamsters Local Union 987 of Alberta v Purolator Inc., 2024 CanLII 21937 (CA LA), an arbitrator dealt with a clash between the amount of leave days under a unionized employer’s collective agreements (CA) and the leave...more

Littler

Ontario, Canada Court Awards Retired VP $1.8 Million in Damages for Unpaid Vacation, Deferred Bonus and Unvested Stock Options

Littler on

In Boyer v. Callidus, 2024 ONSC 20, the Ontario Superior Court of Justice found that an employee was entitled to $1.8 million in damages for unpaid vacation, bonuses, and stock options, because the terms of the relevant...more

Stikeman Elliott LLP

Canada Labour Code: Arbitrator Permits Employer to Offset Entitlement to Statutory Paid Sick Days against Employer-Provided...

Stikeman Elliott LLP on

In the recent United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc., 2023 CanLII 115899 (CA LA) decision (“Cameco Fuel Manufacturing”), the arbitrator allowed a federal employer to deduct an entitlement to Canada...more

Perkins Coie

Labor Law Today—2023 Year in Review

Perkins Coie on

In 2023, the National Labor Relations Board (the NLRB or Board) continued to expand employee rights and protections in the workplace. The new regulations included limiting employers’ contract rights in relation to severance...more

Ius Laboris

Recent developments on childcare leave in South Korea

Ius Laboris on

Recent regulatory changes and a Korean Supreme Court decision have made childcare leave and flexible working hours more attractive and more available to employees with young children....more

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