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Employer Liability Issues Former Employee Appeals

Ervin Cohen & Jessup LLP

California Court of Appeal Rejects "Headless" PAGA Claims in Williams v. Alacrity Solutions Group

In a significant development for California employers, the Court of Appeal in Williams v. Alacrity Solutions Group, LLC recently affirmed the dismissal of a Private Attorneys General Act (“PAGA”) claim brought solely on...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Appellate Court Finds No Associational Claims Under State’s Discrimination Law

A Connecticut appellate court recently held that the Connecticut Fair Employment Practices Act (CFEPA) does not recognize a cause of action for associational disability discrimination....more

Seward & Kissel LLP

Employment Litigation Roundup: December 2023

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Delaware court declines to enforce restrictive covenants in LLC agreement but grants interlocutory appeal. In Sunder Energy v. Jackson, et al., a company, Sunder, sued a former employee, Jackson, for breaching a...more

Perkins Coie

Arizona Court of Appeals Reinstates Retaliatory Discharge Claim Under Fair Wages and Healthy Family Act

Perkins Coie on

The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his retaliation claim against his former...more

McDermott Will & Schulte

Too Little Too Late: No Tenable Misappropriation Claim Based on 11-Year-Old Prototype

In a dispute between an employer and a former employee, the US Court of Appeals for the Seventh Circuit affirmed a district court’s grant of summary judgment against an employer asserting trade secret misappropriation and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Addresses ‘Service Charges’ Under the Massachusetts Tips Act

Massachusetts is seeing an increase in Tips Act claims, and the Massachusetts Supreme Judicial Court (SJC) just reinforced that a lack of clarity in fee- and tip-related documentation may result in employer liability,...more

Dorsey & Whitney LLP

A New Circuit Split: FCA Protects Former Employees from Post-Employment Retaliation in the Sixth

Dorsey & Whitney LLP on

Over a vigorous dissent last week, a panel of the U.S. Court of Appeals for the Sixth Circuit vacated a ruling from the U.S. District Court for the Eastern District of Michigan and held the False Claims Act’s anti-retaliation...more

McAfee & Taft

Retaliation suit shows requests for unpaid overtime can be a timekeeping trap

McAfee & Taft on

Informed employers know they must pay non-exempt employee for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for that time; however, they may discipline that worker...more

Parker Poe Adams & Bernstein LLP

N.C. Court of Appeals Rejects Customer Non-Solicitation Restriction

When we talk with clients about post-employment “noncompete” agreements, this term actually encompasses a number of different restrictions. In addition to provisions that restrict the employee from working for a competitor...more

Ballard Spahr LLP

Colorado Decision Clarifies Unused Vacation Time Issue for Employers

Ballard Spahr LLP on

A recent decision from the Colorado Court of Appeals clarifies that employers can limit the payment of accrued but unused vacation time at separation from employment and that forfeiture is not a violation of the Colorado Wage...more

Holland & Knight LLP

Ninth Circuit Affirms Tribal Court Jurisdiction Over Claims Against Nonmember Former Employee

Holland & Knight LLP on

• In a decision favorable to tribal sovereignty, the U.S. Court of Appeals for the Ninth Circuit affirmed that the tribal court of the Cedarville Rancheria of Northern Paiute Indians (the Tribe) had jurisdiction over claims...more

Genova Burns LLC

Appeals Court Tells Former Employees: Two Wrongs Don’t Make Them Right

Genova Burns LLC on

The Third Circuit skirted the issue as to the means by which the employer, Scherer Design Group (“SDG”) found out about the theft. In the end, the fact that an employer may have violated the common law by accessing private...more

Fisher Phillips

A Company’s Facebook Snooping Didn’t Prevent Critical Trade Secrets Injunction

Fisher Phillips on

Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more

Sheppard Mullin Richter & Hampton LLP

Managers Beware: Can you be held personally liable for wage and hour violations?

After two years, California courts are finally putting California’s “A Fair Day’s Pay Act” (the “Act”) to the test. While intended to help employees collect judgments against employers that are judgment proof, the Act created...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

FordHarrison

Non-Compete News: In Georgia, Whether It Is a Non-Compete or a Non-Solicit Makes All the Difference

FordHarrison on

Georgia’s Restrictive Covenants Act (the “RCA”) became effective in May 2011, but it took nearly six years before a court published a decision interpreting the statute in the context of a non-competition provision....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Kentucky Supreme Court Rules FAA Does Not Protect Mandatory Employment Arbitration

In a surprise decision, the Supreme Court of Kentucky ruled on September 27, 2018, that the Federal Arbitration Act (FAA) does not protect employment arbitration agreements that are required as a condition of employment....more

Fisher Phillips

“Sexual Horseplay” Or “Sex Discrimination”? The Half-Million Dollar Question

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A federal appeals court recently upheld a half-million dollar verdict against a small Chicago retailer after it concluded that a male employee was the victim of sex discrimination. Although the employer admitted much of the...more

Fisher Phillips

Kentucky Becomes First State To Prohibit Mandatory Arbitration As A Condition of Employment

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The Kentucky Supreme Court just outlawed mandatory arbitration agreements that require applicants or employees to sign if they want to be hired or remain employed, making the Bluegrass State the first in the nation to do so....more

Fisher Phillips

State Appeals Court Expands Scope Of NYC’s Marital Status Discrimination Law

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The scope of New York City’s marital status discrimination law was just expanded by a state appeals court, meaning that employers need to be even more wary when it comes to any workplace decisions taken on the basis of who...more

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

Sheppard Mullin Richter & Hampton LLP

Sex + Discrimination = Liability, Says First Circuit

In Franchina v. City of Providence, 2018 WL 550511, 2018 U.S. App. LEXIS 1919 (1st Cir., Jan. 25, 2018), the First Circuit offered no sympathy to the City in its appeal of a jury award that found the City’s fire department...more

Fisher Phillips

Title VII Evolution Continues: Another Appeals Court Finds Sexual Orientation Discrimination Actionable

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Another federal court of appeals decided today that Title VII covers claims of sexual orientation discrimination, continuing the evolution of workplace discrimination law that has begun to sweep over the country in recent...more

Burr & Forman

Equal Pay Act case gets new life

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In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) reversed a decision to grant summary judgment—meaning the trial court had found there was no...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

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