New FLSA Notice Standard, DOL’s PAID Program, Axed Wage and Hour Penalties - #WorkforceWednesday® - Employment Law This Week®
Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
Non-Disparagement Tips for Employers
Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast
The Journey of Litigation
The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I
Master the First Moves in Litigation for Courtroom Advantage – Speaking of Litigation Video Podcast
Workplace Risks Meet Holistic Legal Solutions: One-on-One with Adam Tomiak
The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II
Podcast - How Do You Define Success?
Hiring Smarter: Best Practices for Interviews: What's the Tea in L&E?
The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part I
Handling References and Referrals While Safeguarding Your Business
PODCAST: Williams Mullen's Benefits Companion - Forfeitures Under Fire
Your Guide to Dealing with Subpoenas Effectively
Navigating the Maze: eDiscovery Essentials for Employers — Hiring to Firing Podcast
Podcast - The Law as a Force for Change
Trade Secrets on Trial: Strategic Decisions for the Courtroom - Employment Law This Week® - Spilling Secrets Podcast
The Changing Landscape of EEOC Enforcement and Disparate Impact
The Labor Law Insider: How Unions Are Navigating Trump 2.0, Part II
Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more
On June 17, the U.S. Court of Appeals for the Sixth Circuit issued Kean v. Brinker International, Inc., an opinion that reverses summary judgment for the employer and sends a former Chili’s general manager’s Age...more
The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...more
Germany’s Federal Labor Court (Das Bundesarbeitsgericht (BAG)) recently held that there is prima facie evidence that a so-called registered letter is generally posted in the mailbox within the usual local mail delivery times....more
Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more
In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (“Shalagin”), the British Columbia Court of Appeal affirmed that surreptitiously recording fellow employees may constitute just cause....more
The Uniform Guidelines on Employee Selection Procedures (UGESP) have been used by EEOC, OFCCP, and the courts to regulate, litigate, and enforce anti-discrimination laws in the use of employee selection practices since their...more
In Boshaw v. Midland Brewing Company, Midland Brewing’s former restaurant operations manager, Boshaw, claimed he was terminated because of his “sexuality” in violation of Title VII and Michigan’s Elliott Larsen Civil Rights...more
On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more
It is becoming increasingly common for employees in the Netherlands to record the smartphone conversations they have with their employers in order to collect evidence, exert some pressure, or for use in court proceedings,...more
People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more
Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...more
Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not...more
It's no secret – protected conversation potentially admissible - The EAT decided in Harrison v Aryman Ltd that a claimant could potentially rely on a protected conversation in evidence. This was the case even though she...more
Seyfarth Synopsis: In affirming summary judgment in favor of AutoZone, the Second Circuit rules that a sales associate did not provide enough evidence to satisfy her burden of proof for sex discrimination, retaliation and...more
Seyfarth Synopsis: After a federal magistrate judge in California ordered the EEOC to provide written discovery responses relative to the substance its pre-suit investigation of a sex discrimination charge in EEOC v. Chipotle...more
Last month, the en banc Eleventh Circuit clarified the appropriate standard for analyzing “similarly situated” comparator evidence in Title VII intentional-discrimination cases. Lewis v. City of Union City, Ga., --- F.3d...more
It’s tempting for employers to shrug off the allegations contained in a charge of discrimination or similar agency filing – viewing them as unfounded, unsupported and self-serving. Or worse, an employer may attack the...more
The proper standard for comparator evidence in cases alleging intentional discrimination is “similarly situated in all material aspects,” the U.S. Court of Appeals for the Eleventh Circuit has clarified in an en banc ruling....more
Under the Tennessee Public Protection Act (TPPA), also known as the “whistleblower statute,” it is unlawful to fire an employee “solely for refusing to participate in, or for refusing to remain silent about, illegal...more
Can an organist really be considered a church minister? In a detailed and unique opinion, an Illinois federal court applied the First Amendment’s religious clauses to a church employee who claimed he had been discriminated...more
In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more