Demystifying Wage and Hour Audits: One-on-One with Courtney McFate
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
"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more
Here is a common scenario faced by human resources professionals: An employee complains about unprofessional and bullying behavior by a coworker. After interviewing the two employees and other workers, the employer cannot...more
New York State’s Reproductive Health Bias Law (the “Act”) has been reinstated following a Second Circuit ruling. The Act, found in Section 203-e of New York State’s Labor Law, prohibits discrimination based on an employee’s...more
In Title VII actions, plaintiffs have a limited amount of time to file a charge of discrimination (or a court can dismiss the case as untimely). In the case of Wells v. Texas Tech University, the timeliness dynamic was...more
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination and retaliation based on an employee’s military status or obligations. If an individual’s military status or their...more
City of Hallandale Beach v. Rosemond, 4D2022-2642, 2024 WL 2836937 (Fla. 4th DCA June 5, 2024) - A former city employee filed a lawsuit against the defendant pursuant to section 112.3187(4)(a)-(b), Florida Statutes, where he...more
This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...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
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
If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more
Federal Investigation Determined Grocery Subjected Employees to Sexual Harassment and Retaliation - LOS ANGELES – Sprouts Farmers Market, a national grocery chain featuring natural foods, has settled a federal charge of...more
Employment Plaintiff attorneys often include an “aiding and abetting” claim against the “deep pocket” employer when they sue for employment discrimination under the New Jersey Law Against Discrimination. This blog will...more
Watkins v. Pennsylvania Dep't of Corr., No. 22-1426, 2023 WL 5925896 (3d Cir. Sept. 12, 2023) - A corrections officer sued his employer, the Department of Corrections (DOC), alleging a retaliatory hostile work environment in...more
Judges and courts enforce anti-discrimination and retaliation laws, but are they ever accused of violating those laws themselves? That is exactly what was alleged in a recent Tenth Circuit case that offers helpful takeaways...more
Automotive Quality Control Company Failed to Protect Female Employee from Sexual Harassment and Retaliation, Federal Agency Charges - DETROIT – Formel D USA, Inc., an automotive quality control company with locations in...more
There has been a lot of discussion over the last few years about the joint employer test for liability under employment statutes. Whether it be Uber drivers in California or the back and forth over the Trump administration’s...more
Under Title VII, an employer can be held liable for retaliation by a non-supervisory co-worker if (1) the conduct is sufficiently severe to dissuade a complaint of discrimination; (2) management was aware of the behavior; and...more
In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more
Arbitration agreements are intended to expedite the legal process while minimizing fees and costs. In reality, former employees and their counsel often resist submitting their employment claims to arbitration, resulting in...more
A manufacturer has “subjected its employees to an ugly mix of sexism, racism, and xenophobia and violated federal law prohibiting harassment and retaliation” the Equal Employment Opportunity Commission alleged in a lawsuit...more
It is every L&E attorney’s dream: You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show....more
Seyfarth Synopsis: The California Department of Fair Employment and Housing issues a yearly report describing its complaint and litigation trends....more
You find out an employee launches a false complaint of discrimination or harassment and you terminate them for their dishonesty. There’s no harm in that, right? Think again. There has been a recent trend of cases where courts...more
August 23, 2018 was a busy day for the New Jersey Appellate Division on the arbitration front when it issued two opinions effectively upholding the enforceability of arbitration agreements. Both cases involved...more