News & Analysis as of

Employment Litigation Employee Handbooks

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

Cranfill Sumner LLP

We Can Work It Out: U.S. Department of Labor Pauses Reliance on 2024 Independent Contractor Rule in its Enforcement of Independent...

Cranfill Sumner LLP on

The U.S. Department of Labor (DOL) is again signaling changes in how it will evaluate independent contractor relationships in its enforcement actions. In 2024, the department issued a final rule that revised the standards...more

Rumberger | Kirk

5 Tips for HR Directors to Avoid Expensive Company Lawsuits

Rumberger | Kirk on

As the first point of contact for employee claims, HR directors often find themselves with the challenging task of assessing sensitive situations. This, coupled with ensuring both the company’s policies are followed, and...more

Mintz - Employment Viewpoints

Mintz on Air: Predictions and Practical Policies - Employee Handbooks: Do You or Don't You?

In the latest episode of the Mintz on Air: Predictions and Practical Policies Podcast, ESG Co-chair Jen Rubin hosts a conversation on the challenges and best practices surrounding employee handbooks. This episode is part of a...more

Mintz - Employment Viewpoints

New York Employers Must (Again) Provide Reproductive Health Notice of Rights in Employee Handbooks Following Second Circuit Ruling

New York employers are – once again – required to provide employees with notice regarding New York’s reproductive health decision making protections. The U.S. Court of Appeals for the Second Circuit vacated a lower court’s...more

Epstein Becker & Green

New York’s Reproductive Health Handbook Notice Requirement Reinstated

Epstein Becker & Green on

Don’t finalize your 2025 handbooks just yet! On January 2, 2025, the United States Court of Appeals for the Second Circuit vacated a permanent injunction, which had blocked a requirement that New York employers with...more

CDF Labor Law LLP

Employer Strikes Gold: California Court of Appeals Reverses Dismissal of Mining Company’s Arbitration Agreement 

CDF Labor Law LLP on

In a recent unpublished California appellate court decision, the Court unanimously reversed the lower court’s ruling that an agreement to arbitrate contained in an employee handbook was unenforceable....more

Bennett Jones LLP

Working for Workers Six Act, 2024: More Changes on the Horizon for Ontario’s Employment-Related Legislation

Bennett Jones LLP on

On November 27, 2024, the Ontario government introduced Bill 229, Working for Workers Six Act, 2024 (Bill 229). This announcement comes just one-month after Ontario’s Working for Workers Five Act, 2024 (Bill 190) received...more

Conn Kavanaugh

When Employers Should Seek Employment Counsel: 7 Key Scenarios

Conn Kavanaugh on

Navigating employment laws can be challenging for businesses in Massachusetts. From hiring to termination, understanding this complex legal landscape is crucial to avoid costly mistakes. This article highlights seven key...more

Mandelbaum Barrett PC

Preventing Employee Litigation: Proactive Legal Strategies

Mandelbaum Barrett PC on

Every year, Forbes estimates a staggering 36% to 53% of small businesses are affected by business litigation. This statistic highlights the importance of taking proactive measures to set the foundation for a thriving...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Epstein Becker & Green

Caution - Employers Merge Ahead: Massachusetts Holding Endorses Potential Liability for “Joint Employers”

The Massachusetts appellate court decision in Tran v. Jennings Road Management, Corp., et al, gave the green light to an employee to pursue class action claims against her direct employer as well as a separate management...more

Holland & Hart - Employers' Lawyers

10th Circuit Scrutinizes DEI Training Program

Can an employer’s diversity, equity, and inclusion (DEI) program create liability for the discriminatory harassment of white employees? The U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Wyoming,...more

DarrowEverett LLP

Amid Shifting Policies, Employee Handbooks Can’t Be Static Manuals

DarrowEverett LLP on

As we’ve said before, one of the easiest and least expensive tools for businesses to reduce liability and insulate from (at least some) risk, is often the one most frequently overlooked. Creating, promulgating, and most...more

A&O Shearman

New Rules Highlight the Need to Review Employee Forms and Policies

A&O Shearman on

For many companies, the use of “form” employee documents is an efficient practice that ensures consistent treatment. That said, reliance on forms can often breed complacency. In this new year, companies should consider a...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Rumberger | Kirk

Fifth Circuit Opens the Door for Growing Discrimination Claims

Rumberger | Kirk on

A federal appeals court has made it easier for plaintiffs to bring employment discrimination lawsuits, but failed to offer clear guidance on how employers can adjust policies to minimize litigation risk. The en banc...more

Payne & Fears

[Webinar] Looking Forward to 2024: California Employment Laws - December 1st, 12:00 pm - 1:00 pm PST

Payne & Fears on

Join us online for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings. Topics include: - Key bills relating to paid sick leave, CalWARN notice...more

CDF Labor Law LLP

[Webinar] New California Employment Laws and Developments for 2024 - November 28th, 9:30 am - 11:00 am PT

CDF Labor Law LLP on

Join us for an in-depth complimentary webinar on November 28, 2023, from 9:30 a.m. to 11:00 a.m. (Pacific Time), presented by CDF Partners Mark S. Spring and Desiree J. Ho. This “Year in Review” webinar will cover 2023’s new...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Carlton Fields

NLRB Stacks Deck in Favor of Employees: Employers Must Play Cards Defensively or Go Bust

Carlton Fields on

The National Labor Relations Board has made a series of employee-friendly moves over the past few months that have significant adverse implications for employers, including those in the insurance and securities industries....more

CDF Labor Law LLP

[Webinar] What is Happening at the NLRB? What Companies Should Know - October 24th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

Join CDF partners John Giovannone and Carolina Schwalbach for a one-hour in-depth review of the recent McLaren Macomb, Cemex and Stericycle NLRB decisions and their potential impact on union and non-union employers. If you...more

Spilman Thomas & Battle, PLLC

Dust Off the Handbook: Employee Handbooks Need Revised Following Landmark NLRB Decision

The adage “an ounce of prevention is worth a pound of cure” could have been coined with employee handbooks in mind. A well-drafted employee handbook can solve many employment-related problems before they arise by providing...more

Buckingham, Doolittle & Burroughs, LLC

Your Employee Handbook May be Deficient for Capturing Patent Rights

Is your employee handbook sufficient to capture patent rights in your employee’s inventions? The Federal Circuit case of Omni Medsci v. Apple illustrates one reason why it does not. It is common practice to include, in an...more

Epstein Becker & Green

Illinois Legislative Update: Big Changes for Employers

Epstein Becker & Green on

Although the summer months may mean rest and relaxation for some, June, July, and August have proven to be anything but quiet for the Illinois Legislature and Governor JB Pritzker. This midyear wave of activity resulted in...more

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