News & Analysis as of August 10, 2025

Retaliation

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Employment Law Update: Federal Judge Rules Attorney Was Fired for Legitimate Workplace Behavior Concerns, not Due to Alleged...

Whiteford on 7/25/2025

A recent decision from the U.S. District Court for the Western District of Washington highlights the importance of clear, documented reasons for employee terminations. In Kang v. The Boeing Company, a case involving a former...more

Puerto Rico Supreme Court Reaffirms Importance of Just Cause for Employee Terminations

Jackson Lewis P.C. on 7/11/2025

The Puerto Rico Supreme Court recently issued a decision reaffirming the importance of just cause for employment terminations in Puerto Rico. Méndez Ruiz v. Techno Plastics Industries, Inc., No. 2025 TSPR 68 (June 26, 2025)....more

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

Fisher Phillips on 7/3/2025

New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

A Retaliation Refresher: What's the Tea in L&E?

Woods Rogers on 4/24/2025

In this episode of What’s the Tea in L&E, Labor & Employment attorney Mike Gardner joins host Leah Stiegler to unpack the topic of workplace retaliation. Retaliation occurs when an employee faces negative consequences because...more

When Does Venting Become a Complaint?

Foley & Lardner LLP on 3/18/2025

A company makes the difficult decision to terminate an employee’s employment due to poor performance. This should come as no surprise to the employee, who has been counselled and disciplined on numerous occasions. Yet, the...more

Everything You Always Wanted to Know About Woody Allen’s Former Private Chef’s USERRA Lawsuit* (*but were afraid to ask)

Littler on 1/13/2025

In December 2024, a U.S. Army Reservist and professional chef filed a lawsuit against filmmaker Woody Allen, his wife, Soon-Yi Previn, and their house manager, alleging that he was fired due to his complaints of improper...more

Employment protections extended to infertility treatment

Ius Laboris on 6/13/2024

A recent legislative amendment in Belgium introduces protection against dismissal and a prohibition of discrimination when an employee is absent due to an infertility treatment or a programme of medically assisted...more

Top 10 List – Keep Your Eyes on These California Employment Bills on Governor Newsom’s Desk

Fisher Phillips on 9/2/2022

Eight months of legislative wrangling and dealmaking have come to an end as the California Legislature just wrapped up work for the year – and now employers across the Golden State turn their eyes to the governor’s office to...more

DOL and NLRB Agree to Share Information and Counsel Employees on Overlapping Enforcement Matters

Amundsen Davis LLC on 1/12/2022

On January 6, 2022, the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) released a signed Memorandum of Understanding (MOU) detailing the agencies’ most recent pact to enforce federal labor and...more

Employee "Refuses To Sign." Now what?

Constangy, Brooks, Smith & Prophete, LLP on 12/11/2020

Should the employer force the issue? You Human Resources professionals are familiar with this scenario. You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more

Developments in Workplace Discrimination Guidance in the Wake of COVID-19

A&O Shearman on 4/24/2020

Many employers have been forced to consider employee layoffs, furloughs or salary reductions as a way to manage some of the financial hardship created by COVID-19. Companies should keep in mind existing federal, state and...more

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

Verrill on 12/19/2019

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

Employment News: whistleblowing; unions; holidays

Hogan Lovells on 12/3/2019

It's not what you know – dismissal for whistleblowing despite dismissing manager's belief - In Royal Mail Group Ltd v Jhuti the Supreme Court has reinstated a decision that an employee was dismissed because she had blown...more

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

FordHarrison on 10/30/2019

With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

[Podcast]: U.K. Law for U.S. Employers

Proskauer - Law and the Workplace on 10/11/2019

In this episode of The Proskauer Brief, New York partner Howard Robbins and London partner Dan Ornstein discuss how U.K. laws affect U.S. employers. As if dealing with U.S. employment laws are not difficult enough,...more

The “Do Not Disturb” Movement: A Right To Disconnect? Or A Disconnection From Reality?

Fisher Phillips on 9/9/2019

In today’s business climate, work always seems to be on the mind. But should it be? According to the Bureau of Labor Statistics, the productivity of the average American worker has skyrocketed by an astounding 400% since...more

Manufacturing a Summer (Employment) Potpourri

Robinson+Cole Manufacturing Law Blog on 8/26/2019

As predicted here, the Trump Administration launched a series of not-so-surprising raids to arrest undocumented workers. As of this writing, there has not been a noticeable increase in the prosecution of employers who employ...more

Dear Littler: Can We Discipline An Employee Who "Took a Knee" During the Anthem?

Littler on 10/4/2017

Dear Littler: I work for a prominent company in a small city here in the Hoosier State, and we are very involved in our local community. We sponsor a corporate softball team, and last night one of our team members “took a...more

Now in Effect: California Employers Must Provide New Hires with Written Notice of Victim Rights

Sheppard Mullin Richter & Hampton LLP on 7/31/2017

As reported in our new laws for 2017 post, employers must give written notice to new employees (and to current employees upon request) explaining the rights of victims of domestic violence, sexual assault and stalking. All...more

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident

Proskauer Rose LLP on 3/22/2017

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a student who can seek relief under Title IX; or (iii) both? And if the answer is...more

Puerto Rico Issues Comprehensive Labor Law Reform

FordHarrison on 2/8/2017

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Restaurant Forced to Rehire Employees Who Insinuated Food was Germ-Infested - Section 7 of the NLRA Guarantees Workers the Right...

Holland & Knight LLP on 3/31/2016

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

California Enacts a Raft of New Employment Legislation

Proskauer - California Employment Law on 10/21/2015

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state. These statutes are in...more

NJ Appellate Court Offers New Guidance on Employee Arbitration Agreements

Mintz - Employment, Labor & Benefits... on 9/18/2015

Earlier this month, the New Jersey Appellate Division ruled that employee arbitration agreements, to be enforceable, must contain a “clear and unmistakable” waiver of an employee’s right to a trial in court. In Milloul v....more

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