News & Analysis as of

Employer Responsibilities Employment Litigation

Parker Poe Adams & Bernstein LLP

Doctor's Estimate Does Not Limit Amount of Unforeseeable Intermittent FMLA Leave

As part of the Family and Medical Leave Act’s medical certification process, the employee’s health care provider includes an estimate of the time the employee will need to be absent from work. ...more

Phelps Dunbar

Unleashing Compliance: Navigating Emotional Support Animals and ADA Challenges in the Modern Workplace

Phelps Dunbar on

A Maryland car dealership has agreed to pay $30,000 to settle a federal disability discrimination lawsuit centered on an employee’s use of an emotional support animal. The U.S. Equal Employment Opportunity Commission (EEOC)...more

Constangy, Brooks, Smith & Prophete, LLP

Three religious accommodation trends: The good, the bad and the “buckle up for turbulence”

Two years ago, the long dormant duty to accommodate employees’ religious beliefs and practices was awakened by the U.S. Supreme Court in Groff v. Dejoy. Gone were the days when an employer could justify the denial of a...more

McGlinchey Stafford

Are Employers Liable in Tort for Employees’ Sexual Assaults?

McGlinchey Stafford on

Should employers be liable in tort for their employees’ sexual assaults? Until recently, the universal answer was a resounding “no.” After all, an employer is only liable for their employees’ actions when the employee is...more

Jaburg Wilk

Six Protections if You Win a USERRA Case

Jaburg Wilk on

If you’ve served in the military and faced problems at work because of your service—like being denied a job, promotion, or your old position back after deployment—you may have legal rights under the Uniformed Services...more

CDF Labor Law LLP

Employer’s Ignorance of the Law is Not a Good Faith Defense for Failing to Pay Minimum Wages, California Supreme Court Says

CDF Labor Law LLP on

Last week, in Iloff v. LaPaille, the California Supreme Court made clear the burden on employers when asserting a good faith defense to avoid paying liquidated damages for violations of minimum wage laws. In its long-awaited...more

Seyfarth Shaw LLP

What International Employers Should Know About the High Court of Australia’s Decision on Searching for Redeployment Options in...

Seyfarth Shaw LLP on

On 6 August 2025, the High Court of Australia (Australia’s most senior court) handed down the landmark decision in Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29, reshaping the risk environment for global employers who make...more

Constangy, Brooks, Smith & Prophete, LLP

When is an employer liable for harassment by customers? You may be relieved.

When is an employer legally responsible for harassment of its employee by one of its customers? A recent court decision may be a relief for employers in Kentucky, Michigan, Ohio, and Tennessee. Most courts ruling on the...more

Fox Rothschild LLP

A Simple Payment Error is not a Waiver of the Right to Arbitrate

Fox Rothschild LLP on

I have some good news for California employers seeking to enforce arbitration agreements. The California Supreme Court just held that non-payment of arbitration fees does not automatically waive the right to arbitrate....more

Jackson Lewis P.C.

Massachusetts Moves to Protect Colleges and Healthcare Nonprofits from Wage Act Lawsuits

Jackson Lewis P.C. on

On June 30, 2025, Massachusetts Governor Maura Healey gave partial approval to the Fiscal Year 2026 budget, which included a new provision that offers certain higher education institutions and nonprofit healthcare...more

Tucker Arensberg, P.C.

When Your New Job Isn’t What You Signed Up For: A Physician’s Guide

Tucker Arensberg, P.C. on

Most physicians put significant thought and effort into reviewing and negotiating their employment contracts before signing. But what happens when you’ve started your new position, and now you’re noticing red flags: the call...more

Bradley Arant Boult Cummings LLP

If You See Something, Do You Fix It If It Isn’t Your Employee? 6th Circuit Applies Higher Standard to Non-Employee Harassment Case

An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more

Keating Muething & Klekamp PLL

No Intent, No Liability: Sixth Circuit Narrows Employer Liability for Third-Party Harassment

Most employers understand their obligation to prevent discrimination and harassment at work, and the significant consequences that can come if such treatment is allowed to occur. But what if an employee alleges harassment not...more

Husch Blackwell LLP

NFL’s Arbitration Agreement Fumbles, Allowing Coach to Pursue Discrimination Claims in Court: Employment Law Lessons for Employers

Husch Blackwell LLP on

The National Football League (NFL) is in the spotlight this season, not because of any certain game on the field, but for a legal battle off it. Last week, the Second U.S. Circuit Court of Appeals agreed that a NFL coach...more

Oppenheimer Investigations Group

Workplace Investigations in Litigation: Strategic Value for Both Plaintiffs and Defendants

Workplace investigations are generally conducted outside of a litigation context and involve complaints that are not ultimately litigated. However, inevitably some workplace disputes that are investigated do make it to...more

Amundsen Davis LLC

Extended, Indefinite Leave Request Is Usually NOT a Reasonable Accommodation

Amundsen Davis LLC on

A recent decision from the Fourth Circuit Court of Appeals tackled the question of when an employer is obligated to provide leave as a disability accommodation when the leave request is for an indefinite length of time. In...more

Dorsey & Whitney LLP

Top U.S. Employment Law “Gotchas” for Canadian Companies

Dorsey & Whitney LLP on

As a U.S. employment lawyer who advises numerous Canadian companies, I’ve seen several traps that Canadian companies frequently fall into. The first step in avoiding these traps is to identify them....more

Friling Law

OSHA Retaliation Claims Under Section 11(c): A Legal and Practical Guide for Employers

Friling Law on

Employers across the U.S. must follow not only the workplace safety rules set out in the Occupational Safety and Health Act of 1970 (the “OSH Act”), but also its anti-retaliation protections — some of the strongest yet often...more

Husch Blackwell LLP

Seventh Circuit Raises the Bar for Collective Actions, Gives Employers New Tools at the Notice Stage

Husch Blackwell LLP on

The Seventh Circuit’s decision in Richards v. Eli Lilly & Co. represents the most significant shift in collective action procedure in the circuit in decades. For many years, district courts in the circuit have utilized the...more

Clark Hill PLC

California employers gain relief in arbitration fee deadline ruling

Clark Hill PLC on

In a highly anticipated decision, the California Supreme Court in Dana Hohenshelt v. Golden State Foods Corp. relieves some pressure for employers, holding that late payment of arbitration fees does not result in an automatic...more

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

Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar

The U.S. Court of Appeals for the Sixth Circuit recently held that an employer will be liable for a customer’s harassment of an employee only when it intends for such harassment to occur. ...more

CDF Labor Law LLP

CA Supreme Court Offers Relief to Employers For Unintentional Arbitration Fee Delays

CDF Labor Law LLP on

Background: The Thirty-Day Arbitration Fee Rule - In 2019, the California legislature amended the California Arbitration Act (CAA) to require the party who drafts an arbitration agreement to pay all required arbitration...more

Constangy, Brooks, Smith & Prophete, LLP

Employer skirts constructive discharge claim

Some good lessons here. I assume our readers all know what a “constructive discharge” is, but just in case you don’t, it’s when an employer deliberately makes the employee’s life at work so miserable that the employee feels...more

Morgan Lewis

New Restatement Rule Expands Vicarious Liability for Employee Sexual Misconduct

Morgan Lewis on

The American Law Institute approved a controversial new provision of the Restatement of Torts, Third expanding vicarious liability to employers for certain sexual assaults committed by employees against third parties who are...more

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

Michigan Supreme Court Says Time Limits on Employment Claims Must Be Reasonable

On July 31, 2025, in Rayford v. American House Roseville I, LLC, the Michigan Supreme Court ruled that contractual time limitations for employment lawsuits must pass a reasonableness test....more

240 Results
 / 
View per page
Page: of 10

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide