New Executive Order Targets Disparate Impact Claims Nationwide - #WorkforceWednesday® - Employment Law This Week®
Podcast - The Law as a Force for Change
Strategic HR Insights with Kelly Mitchell
Work This Way: A Labor & Employment Law Podcast - Episode 41: Employment & Labor Law Issues for Construction Companies with Bridget Blinn-Spears of Maynard Nexsen
Stumbling Your Way Into a Union: Key Advice for Employers: What’s the Tea in L&E?
California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
(Podcast) California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
AI in Employment: Navigating the Legal Landscape with Lessons from I, Robot — Hiring to Firing Podcast
Constangy Clips Ep. 9 - The Penalty Playbook: 3 Pointers for Employee Discipline
Work This Way: A Labor & Employment Law Podcast - Episode 39: Best Practices for Conducting RIFs and Layoffs with Jennifer Wheeler of Maynard Nexsen
PODCAST: Williams Mullen's Gavels & Gowns - Enforcement on Campus: The Impact of New Immigration Priorities on Academia
Are Reality TV Contestants Independent Contractors or Employees? From Pods to Paychecks With Love Is Blind — Hiring to Firing Podcast
Work This Way: A Labor & Employment Law Podcast - Episode 38: Mine Safety and Health Administration (MSHA) with John Holmes of Maynard Nexsen
#WorkforceWednesday®: Workplace Law Shake-Up - DEI Challenges, NLRB Reversals, and EEOC Actions - Employment Law This Week®
California Employment News: Document Checklist for Departing Employees (Podcast)
California Employment News: Document Checklist for Departing Employees
Work This Way: A Labor & Employment Law Podcast - Episode 37: Conducting Effective Workplace Investigations with Rima Hartman of Maynard Nexsen
Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast
Employer Strategies for Navigating RIFs: One-on-One with Ann Knuckles Mahoney
Business Better Podcast Episode: The Looming Threat of Immigration Raids at Your Workplace – What to do When ICE Comes Knocking
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
United Parcel Service v. Willis, 2024 WL 5039034 (Del. Super. Ct. Dec. 6, 2024) - On June 8, 2021, at approximately 4 a.m., Mr. Willis was involved in single-vehicle accident when his work truck struck a guardrail. 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
A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision,...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
On June 17, 2024, the U.S. Supreme Court granted certiorari in E.M.D. Sales, Inc. v. Carrera, adding it to their docket for the 2024-2025 term. This case will finally resolve a split between the U.S. Circuit Courts of Appeal...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
Under the Fair Labor Standards Act, employers bear the burden of proving the applicability of an exemption from overtime and/or minimum wage requirements. Earlier this year in E.M.D. Sales Inc. v. Carrera, the Fourth Circuit...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
In Murray v. UBS Securities, LLC, 601 U. S. ____, 2024 WL 478566 (2024), the United States Supreme Court (Sotomayor, J.) held that whistleblowers do not need to prove their employer acted with “retaliatory intent” to be...more
The Background: In August 2022, the United States Court of Appeals for the Second Circuit held in Murray v. UBS Securities, LLC., et al. ("Murray") that an employee suing his employer under the anti-retaliation provisions of...more
It is always the employer’s burden of proof to prove an exemption under the Fair Labor Standards Act (FLSA), but there is controversy over what that evidentiary standard should be. In a recent case, a federal appellate court...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 National Labor Relations Board swung to a Democratic majority after the 2020 election of President Joe Biden. That majority has been almost continually dismantling standards established by the Republican majority Board...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 Supreme Court granted the petition for writ of certiorari in Murray v. UBS Securities LLC et al., No. 20-4202 (2d Cir. 2022), a case with important implications for claims brought under Sarbanes-Oxley’s anti-retaliation...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