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A Retaliation Refresher: What's the Tea in L&E?
For years, both the Equal Employment Opportunity Commission and multiple federal appellate circuits have agreed on the legal standard for proving liability for sexual or other harassment by a third party such as a vendor or...more
The American Law Institute approved a controversial new provision of the Restatement of Torts, Third expanding vicarious liability to employers for certain sexual assaults committed by employees against third parties who are...more
A recent federal jury verdict in Michigan has brought renewed attention to the compliance risks faced by employers that utilize the H-2A visa program, particularly when working with third-party labor contractors. On June 6,...more
In a recent important decision, the Supreme Court of Appeals of West Virginia formally recognized that a third party can sue an employer for negligent supervision of an employee, even if the employee’s intentional or reckless...more
“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...more
On August 21, 2023, the California Supreme Court held in Raines v. U.S. Healthworks Medical Group that a business entity acting as an employer’s agent can be held directly liable under California’s Fair Employment and Housing...more
The Supreme Court of California recently held that the California Workers’ Compensation Act (WCA) does not bar an employee’s spouse from bringing a negligence claim against the employer where the employee contracts COVID-19...more
The Americans with Disabilities Act (ADA) allows qualified disabled persons to sue based on interference with their civil rights under that statute. Earlier this month, the Sixth Circuit Court of Appeals rejected an...more
On January 27, 2021, the Third Circuit Court of Appeals let employers know that they cannot use recommendations from psychologists to justify disability discrimination in hiring. In Gibbs v. City of Pittsburgh, 989 F.3d 226...more
Retaliation claims in employment litigation have been on the rise for years. The typical scenario has an employee reporting some sort of alleged discriminatory act, either against them or a coworker, followed by the employer...more
Leaked Legal Advice Protected Under Privilege, Court of Appeal Holds - Precedential Decision by Judiciary or Regulatory Agency - On October 22, 2019, the UK Court of Appeal held that a leaked email, in which in-house...more
For decades, federal wage and hour regulations have required that non-discretionary bonuses paid to employees be included in the recipients’ “regular rate” for purposes of calculating their overtime premiums. In other words,...more
Q. A client of my company asked whether it could offer production bonuses to our employees who deliver their work product prior to the deadline. Does the FLSA require my company to account for these third-party bonuses when...more
Perhaps the most frequently violated provision of the Fair Labor Standards Act is that law’s requirement that non-discretionary bonuses be included in non-exempt employees’ regular rate of pay used for purposes of calculating...more
The Eleventh Circuit reversed a lower court’s entry of a default judgment against Acosta Tractors, Inc., that was based solely on Acosta’s default in the underlying arbitration. ...more