Notice Requirements, Employment Litigation, Summary Judgment

Seventh Circuit Adopts Middle-Ground Approach to FLSA Notice in Richards v. Eli Lilly

Nelson Mullins Riley & Scarborough LLP on 8/7/2025

In Richards v. Eli Lilly, the Seventh Circuit charted new territory for how courts should evaluate requests to send notice in Fair Labor Standards Act (FSLA) collective actions under 29 U.S.C. § 216(b). Departing from the...more

Detail Matters: Recent Court Decision Finds Insufficient Information Limits Employer Reliance on WARN Exceptions

Jackson Lewis P.C. on 1/27/2025

A federal bankruptcy court held that an employer cannot rely on the “unforeseeable business circumstances” or “faltering company” exceptions to the federal Worker Adjustment Retraining Notification (WARN) Act’s 60-day advance...more

Fifth Circuit Finds That Employee Failed to Provide Adequate Notice of Needing FMLA Leave

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/2/2024

On March 19, 2024, in Cerda v. Blue Cube Operations, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s grant of summary judgment for an employer, finding that the employee’s acts of informing...more

Notice Requirements Under the FMLA: Federal Court Reinforces Employees’ Obligations to Follow Established Notification Procedures

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/15/2021

On June 17, 2021, the U.S. District Court for the District of Oregon issued an opinion and order in Munger v. Cascade Steel Rolling Mills, Inc., addressing an employee’s claims under the Family and Medical Leave Act (FMLA)...more

What Happens to an Employee’s Seniority after an Asset Sale?

Miller Canfield on 11/10/2020

In the recent decision of Manthadi v Asco Manufacturing, 2020 ONCA 485 (“Manthadi”), the Ontario Court of Appeal has clarified that an employee’s past service with their former employer does not automatically transfer to a...more

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

Littler on 2/26/2020

Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

PAGA Claim Defeated Based on Insufficient Notice to the LWDA

Sheppard Mullin Richter & Hampton LLP on 3/1/2018

Last month, the California Court of Appeal determined in Khan v. Dunn-Edwards Corp., 2018 Cal.App. LEXIS 44 (Cal. App. 2d Dist. Jan. 4, 2018)(certified for publication), that a former employee’s claim under the Private...more

Short-Term Layoffs Require Advance Notice Under California WARN

Seyfarth Shaw LLP on 12/6/2017

Seyfarth Synopsis: Like the Federal WARN Act, California’s WARN Act (Cal-WARN) requires employers to notify employees of certain covered layoffs that will affect them. The California Court of Appeal has now confirmed that...more

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