News & Analysis as of

Lost Wages Corporate Counsel

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

Supreme Court Rules Lost Wages May Be Recoverable Under RICO For False Advertising After Drug Test Dismissal

On April 2, 2025, the Supreme Court of the United States ruled that a truck driver who lost his job after testing positive for marijuana may pursue claims for lost wages under the Racketeer Influenced and Corrupt...more

Fisher Phillips

Federal Appeals Court Narrows Labor Board’s Ability to Award Money to Workers

Fisher Phillips on

A federal appeals court just clipped the wings of the National Labor Relations Board by limiting its authority to impose monetary remedies against employers. In a significant decision that could soon reverberate around the...more

Keating Muething & Klekamp PLL

NLRB General Counsel Expands Focus on Non-Compete Agreements and Stay-Or-Pay Agreements

This summer, eyes were focused on the Federal Trade Commission and its announced rule seeking to invalidate millions of non-compete agreements across the country. That rule was ultimately struck down in the Court, but federal...more

Littler

Ontario, Canada: When an Employment Contract Is Frustrated Due to the Employee’s Permanent Disability, the Employer’s Duty to...

Littler on

Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability. ...more

Burr & Forman

Mining company doomed in resurrected 'mark of the beast' lawsuit

Burr & Forman on

The U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) recently decided a religious accommodation case in which a jury awarded a former employee more than half a million dollars. The Equal...more

Jackson Lewis P.C.

Ex-GC Awarded $8 Million For Retaliatory Firing

Jackson Lewis P.C. on

A California federal jury awarded Sanford Wadler, former General Counsel of Bio-Rad Laboratories, $8 million for his claims against his former employer under the whistleblower provisions of Sarbanes-Oxley (SOX) and the...more

Mayer Brown

Ninth Circuit Substantially Reduces Punitive Award Against Walgreen

Mayer Brown on

Things have been quiet in the world of punitive damages for the last few months, but two recent decisions substantially reducing punitive awards under the BMW/State Farm factors warrant mention. My colleague Miriam Nemetz...more

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

Minnesota Court Creates “Wrongful Discharge” Damages Claim for MFLSA Violations

In an unexpected surprising broadening of employee rights under the Minnesota Fair Labor Standards Act, the Minnesota Court of Appeals held, on June 27, 2016, that an employee who is discharged for refusing to obey an...more

Mintz - Employment, Labor & Benefits...

A WARNing to Directors and Officers — Failure to give proper WARN Act notice may breach your fiduciary duty

At first glance, Stanziale v. MILK072011, looks like someone suing over a bad expiration date and conjures up images of Ron Burgundy proclaiming “milk was a bad choice.” But in actuality Stanziale is much more interesting: it...more

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