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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 Tennessee Supreme Court has recently held that there is no legal claim for wrongful discharge where an employer terminates an employee because the employee exercised a right set forth in the state Constitution. The...more
A recent Tennessee Supreme Court decision has addressed a matter of first impression after years of contentious debate regarding employer COVID-19 vaccination policies for employees. Heather Smith (Smith) filed a lawsuit...more
On Dec. 9, 2024, a divided panel of the Third Circuit Court of Appeals affirmed the dismissal of a class action lawsuit by New Jersey job applicants denied employment by Walmart because they tested positive for cannabis. The...more
Last week, as part of a major shake-up of the federal government’s enforcement agencies, President Trump made three major changes to the Equal Employment Opportunity Commission (EEOC), all of which will cause a major shift in...more
On August 14, 2024, the Fourth Circuit Court of Appeals issued an opinion reversing a prior decision of the U.S. District Court for the Western District of North Carolina regarding wrongful discharge under North Carolina law....more
Welcome to the fall issue of SuperVision, our labor and employment e-newsletter. In this edition, we cover the current status of the FTC’s attempts to ban noncompetes, OSHA’s proposed heat standard, how to handle political...more
On September 26, 2024, a Boston-based federal appeals court refused to extend California’s sweeping noncompete ban to agreements that were signed outside the state and governed by another state’s law....more
Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more
In Savage v. Township of Neptune, et al., (A-2-23, decided May 7, 2024), the New Jersey Supreme Court analyzed and invalidated a non-disparagement provision included in a settlement agreement against a plaintiff alleging...more
North Carolina is an at-will employment state, but recognizes a limited exception from that rule for terminations that violate the state’s public policy. Courts have wrestled for years over the meaning of public policy and...more
In a case of first impression in Colorado, the Colorado Court of Appeals adopts a test for evaluating a claim of actual discharge under Colorado law. In this Colorado employment law case, Plaintiff ex-employee, Ms. Potts,...more
In a recent unanimous decision, the New Jersey Supreme Court held that non-disparagement provisions in settlement agreements or employment agreements are against public policy and unenforceable if they seek to bar speech...more
The California Supreme Court has answered in the negative the Ninth Circuit Court of Appeals’ certified question regarding “take-home” COVID-19 exposure (see Federal Appeals Court Asks California If Covid-19 “Take Home” Suits...more
On Tuesday, March 21, 2023, the Connecticut Supreme Court announced a significant new decision concerning lawsuits by employees alleging “wrongful discharge in violation of public policy.” Most employers in Connecticut are...more
On July 15, 2022, the Michigan Supreme Court clarified and, arguably, expanded the public-policy exception to the well-established at-will employment presumption in Michigan. Although the case may conclude differently after...more
On February 25, 2022, the Wyoming Supreme Court issued a decision prohibiting courts from revising, or “blue penciling,” noncompete agreements to be reasonable and enforceable under the law. The decision overrules the Wyoming...more
Under some circumstances, Oklahoma law recognizes that terminated employees may pursue a public policy wrongful discharge claim against a former employer. These claims allow a narrow exception to the employment at-will status...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
On December 17, 2021, Meehan v. Medical Information Technology, Inc., the Supreme Judicial Court of Massachusetts (“SJC”) held that an employee’s filing a rebuttal to information placed in their personnel file that could...more
On December 17, 2021, the Massachusetts Supreme Judicial Court (SJC) ruled that an employee discharged for submitting a written rebuttal to his employer in response to the placement of negative information in his personnel...more
In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA). Palmiter v. Commonwealth Health Sys.,...more
On August 5, 2021, the Superior Court of Pennsylvania held for the first time that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to sue his or her employer for taking an adverse employment action based on the...more
Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more
On January 20, 2021, an expanded five-judge panel of the Massachusetts Appeals Court issued its opinion in Terence Meehan v. Medical Information Technology, Inc., No. 19-P-1412, and affirmed a lower court decision granting...more
The petitioner challenged an arbitration award on the basis that it conflicted with public policy. “[T]he Third Circuit has explained that this exception does not … sanction a broad judicial power to set aside arbitration...more