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The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part I
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The Labor Law Insider: How Unions Are Navigating Trump 2.0, Part II
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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
Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964...more
At least one court says yes. True confession: When I was a little future lawyer, I was sometimes a pain. (So, Robin, you’re saying your personality hasn't changed in all these years?) When I was being especially “high...more
In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin hosts a conversation on performance evaluations, covering their importance, best practices, and legal significance. This episode is part...more
Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more
The Supreme Court of the United States has agreed to hear a case in which a female heterosexual employee claimed an Ohio state agency discriminated against her in favor of employees who identify as LGBTQ+. The case, Ames v....more
Are performance-based terminations of employment possible in South Korea? The answer may lie in a recent Supreme Court of Korea case in which the employer obtained a favorable decision regarding the legitimacy of dismissing...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
On October 8, 2023, California Governor Gavin Newsom signed into law Senate Bill No. 497, the “Equal Pay and Anti-Retaliation Protection Act.” The new law amends California Labor Code sections 98.6, 1102.5, and 1197.5 to...more
So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more
There has never been a better time for employers to train managers on the basics of Family and Medical Leave Act (FMLA) rights and appropriate responses to FMLA requests. Believe it or not, FMLA rights can be violated even if...more
“Grade inflation” is a well-known phenomenon in the academic sphere, where grade-point averages creep up over time despite the lack of performance-based reasons for the increase. Grade inflation can also be an issue...more
A recent decision by the Massachusetts Supreme Judicial Court (the “SJC”) significantly expanded the Massachusetts common-law public policy exception to termination of at-will employees. This decision, Meehan v. Med. Info....more
ACI’s Forum on Employment Practices Liability Insurance is returning to New York City on January 25 – 26, 2022! IN-PERSON and LIVESTREAM options available. This annual conference is the one-stop, must-attend meeting place...more
Although it seems counterintuitive, we regularly run across situations where clients want to fire or demote an employee who recently received a promotion, stellar performance review, or some other kind of reward for good...more
On March 4, 2021, the New Jersey Appellate Division in Kalim v. Urban Outfitters, Inc. affirmed the trial court’s dismissal of a former employee’s wrongful termination, hostile work environment, and retaliation claims under...more
Federal civil rights laws prevent retaliation against employees who oppose discriminatory conduct in the workplace. What happens, however, when the employee’s oppositional conduct interferes with the performance of her job...more
WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) continued to prioritize education and outreach and customer service in the public and private sectors during fiscal year 2019, which ended Sept. 30, 2019....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
According to the U.S. Equal Employment Opportunity Commission (EEOC), retaliation claims continue to be the most frequently filed charges of discrimination at the federal agency by far. According to the EEOC’s Fiscal Year...more
Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more
Here is a scenario we commonly face with clients: A poor-performing employee has not quite reached the point of termination. Just prior to a final decision on her employment, she goes to the Human Resources Department to...more
Employees cannot sue under federal anti-discrimination laws for every perceived slight or workplace occurrence. In order to be actionable, the alleged employer conduct must rise to the level of an “adverse employment action.”...more
The Third Circuit’s recent decision in Andujar v. General Nutrition Corporation (GNC) should remind employers that termination of an employee based on poor performance should result from clear policies, and that personalized...more
In this episode of the Working Wise Podcast Series, K&L Gates Orange County Partner Spencer Hamer discusses recent trends in pay equity law, as well as proactive strategies employers can implement to promote pay equity in the...more