News & Analysis as of

Family and Medical Leave Act (FMLA) Hiring & Firing Employment Discrimination

Offit Kurman

Under-Performing Pregnant or Disabled Employees: Balancing Performance Management with the ADA, FMLA, and Pregnant Workers...

Offit Kurman on

Performance conversations can quickly become legal minefields when an employee is pregnant, has a disability, or has requested protected leave. Too often, well-meaning employers delay intervention, mishandle documentation, or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Parker Poe Adams & Bernstein LLP

When Documentation Backfires: A Case Study From the Tenth Circuit

Part of our standard advice to nearly every client is "document, document, document." Typically, robust and timely documentation ensures that an employer has strong evidence of its legitimate rationale for making employment...more

Benesch

Developments in AI Restrictions in the Workplace

Benesch on

Beginning January 1, 2026, Illinois employers must notify workers when using artificial intelligence (“AI”) to make employment-related decisions and could face regulatory enforcement and civil lawsuits if the deployment of AI...more

Amundsen Davis LLC

Genetic Information Discrimination: FAQs for Employers

Amundsen Davis LLC on

Proactive employers are well-versed in safeguarding against workplace discrimination based on race, gender, religion, age, or disability. But, what about lesser known forms of prohibited workplace discrimination like genetic...more

Parker Poe Adams & Bernstein LLP

Motive Behind Employer's Investigation Determines Retaliation Question

​​​​​​​Here’s another common scenario we see with clients: An employer has an especially difficult employee who has made multiple complaints about their treatment while at the same time performing terribly and missing...more

Cozen O'Connor

Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off

Cozen O'Connor on

As we approach the unofficial start to Summer 2022, today's new episode addresses the 10 issues that should be on the radar of all employers....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Consistently Inconsistent: An Example of Shifting Reasons for Employment Termination Precluding Summary Judgment

The U.S. District Court for the Western District of Texas recently denied an employer’s motion for summary judgment when its alleged shifting reasons for terminating the plaintiff’s employment contract raised genuine issues...more

Holland & Knight LLP

Massachusetts Supreme Judicial Court Analyzes State's Domestic Violence and Abuse Leave Act

Holland & Knight LLP on

The Massachusetts Supreme Judicial Court (SJC) on Aug. 25, 2021, issued an opinion interpreting the Massachusetts Domestic Violence and Abuse Leave Act (DVLA) for the first time since its enactment in 2014. The SJC applied a...more

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Fisher Phillips

July 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Harris Beach Murtha PLLC

Developments in New York State Labor and Employment Law – What You Need to Know in 2020

Lawmakers introduced and passed several bills in 2019 as part of an aggressive agenda to overhaul New York employment laws. Harris Beach attorneys Lindsey Zullo, Dan Palermo, Ibby Tariq and Taylor Ventre discuss a host of...more

Verrill

2019 Wrap Up: Tis the season to be jolly...and anxious...and depressed - Mental Health and Employment Law now and in 2020

Verrill on

The last decade has brought with it a significant increase in the number of claims stemming from allegations of discrimination or retaliation as a result of mental health conditions. While we often see an increase in anxiety...more

Littler

Veterans Day: Going Beyond Giving a Day Off

Littler on

The tradition of annually recognizing the courage and contribution of our veterans dates back to November 11, 1919, the first anniversary of the end of World War I.  November 11th became a national holiday in 1938; employers...more

American Conference Institute (ACI)

[Event] Employment Practices Liability Insurance – Strategic Guidance For The Most Complex Epli Claim Coming Across Your Desk -...

Back by popular demand, ACI’s EPLI conference returns to New York City. Whether you are a claims manager, underwriter, risk manager, in-house or outside counsel, this is your most worthwhile opportunity to network and...more

Foley & Lardner LLP

Beware the Gap Between What’s Legal and What’s Believable – How Good Is Your Story?

Foley & Lardner LLP on

Sometimes, asking “Can I fire this person?” is the wrong inquiry to begin with.  The better question may be “If I fire this person now, will my reasoning be believable to an outsider (especially a group of outsiders called a...more

Hinshaw & Culbertson LLP

Eleventh Circuit Clarifies Legal Standard in Evaluating Similarly Situated Individuals

For years, advocates in the Eleventh Circuit have expressed confusion over the term "similarly situated" when addressing claims of discrimination under the McDonnell Douglas burden-shifting analysis. In a rare move, the...more

Troutman Pepper Locke

Ten New Employment Laws for New York Employers: Have You Fully Updated Your Employee Handbook Yet?

Troutman Pepper Locke on

New York State and New York City started and ended 2018 and started 2019 by enacting ten worker protections that mandate additional requirements for New York employers. If you have not already done so, now is a good time to...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights - Issue 2, June 2018

...In this issue, Mitch Rhein examines the Supreme Court decision permitting class action waivers, Spencer Cook looks at a recent decision that warns employers to be careful about asking for past pay rates, Chelsea Thompson...more

Cozen O'Connor

II-25 – Top 10 New Year’s Resolutions for Employers in 2018

Cozen O'Connor on

From federal agency changes to anticipated developments in sexual harassment, paid leave, overtime, and marijuana use, this episode of Employment Law Now provides ten issues that employers should resolve to understand in the...more

Cozen O'Connor

I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination

Cozen O'Connor on

Good faith and timing means everything in employment law. This episode of Employment Law Now provides an update from DC, discusses questions employers should be asking in today’s climate of troubling sexual harassment news,...more

K&L Gates LLP

Recent Deluge of California Legislation Imposes New Requirements on Employers

K&L Gates LLP on

October 15th marked the deadline for Governor Jerry Brown to sign the numerous employment-related bills proposed during the California State Legislature’s 2017 legislative session. While many bills did not make the final cut,...more

Fisher Phillips

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State...

Fisher Phillips on

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more

Jaburg Wilk

What Does “At-Will” Employment Mean?

Jaburg Wilk on

Most Arizona employers are aware that Arizona is an “at-will” employment state. However, many do not understand what that means. In short, it means that an employee can be terminated for any reason or no reason, except a...more

FordHarrison

EEOC Issues Publication Informing Job Applicants and Employees with Mental Health Conditions of their Employment Rights

FordHarrison on

On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a user-friendly resource document aimed at informing applicants and employees with mental health conditions about their workplace rights...more

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