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Retaliation Coronavirus/COVID-19

Chartwell Law

The Tennessee Supreme Court Reaffirms Tennessee’s Adherence to the Employment-at-Will Doctrine

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In a landmark decision, the Supreme Court of Tennessee recently ruled in Heather Smith v. BlueCross BlueShield of Tennessee that the right to petition in Article I, Section 23 of the Tennessee Constitution does not provide a...more

Goldberg Segalla

Court Rules Pro Se Plaintiff’s Deliberate Indifference Claim Actionable

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Jurisdiction: United States District Court for the Middle District of Pennsylvania - This is a prisoner civil-rights case filed pursuant to 42 U.S.C. § 1983, regarding the conditions of confinement in Huntingdon State...more

Proskauer Rose LLP

California Employment Law Notes - July 2024

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Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

Warner Norcross + Judd

Trends in the Term: Pending Decisions Distinguishing the Michigan Supreme Court’s 2023-2024 Docket

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Suspense builds as the end of the Michigan Supreme Court’s 2023-2024 term approaches quickly, with scores of argued appeals still unresolved. The 40 appeals that remain undecided reveal interesting trends in the court’s...more

ArentFox Schiff

Investigations Newsletter: DOJ Secures Plea in $50 Million Medicare Fraud and Kickback Scheme

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DOJ Secures Plea in $50 Million Medicare Fraud and Kickback Scheme - On April 26, the US Department of Justice (DOJ) announced that Manishkumar Patel pleaded guilty to charges related to a $50 million health care fraud and...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Watch in 2024

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The California Supreme Court issued several important decisions in 2023 about issues such as COVID-19 take-home exposure and arbitrating Private Attorney General Act (PAGA) claims. Employers should continue to be aware of...more

Goldberg Segalla

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

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Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an...more

Greenberg Glusker LLP

Protected Paid Sick Leave Increases to Five Days Per Year Under California State Law

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With the stated purpose of encouraging sick employees to stay home to stop the spread of COVID and other contagious diseases in the workplace, Governor Newsom signed SB 616, expanding the state’s Healthy Workplaces, Healthy...more

Davis Wright Tremaine LLP

California's New Employment Laws: Get Ready for 2024

Governor Newsom signed into law a plethora of bills that significantly expand the rights of employees in California, although notably vetoing a bill that would have prohibited caste discrimination. Most of the new laws take...more

Parker Poe Adams & Bernstein LLP

Employer Justified in Terminating Manager Over Disparaging Mask Mandate Comments

Litigation over employment issues relating to the COVID-19 pandemic is finally reaching the trial and appellate courts. This week, the Tenth Circuit Court of Appeals affirmed dismissal of a lawsuit from a warehouse manager...more

Perkins Coie

2023 California Labor, Employment, and Independent Contractor Legislative Update

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With the 2023 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within the state and highlight relevant action items related to these bills. Below...more

Proskauer - California Employment Law

In a Surprise Move, California Enacts Boatload of New Pro-Employer Laws – Nah, Just Kidding, It’s Going to be More Burdensome than...

In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night. As we reported...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC's "not-so-sweet six" priorities, for 2024 and beyond

These six will get the EEOC's attention in 2024-28. Last week, the U.S. Equal Employment Opportunity Commission released its Strategic Enforcement Plan for 2024-28. Strategic Enforcement Plans provide a helpful preview of...more

Foley & Lardner LLP

EEOC Issues Updated Technical Guidance on COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws

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The COVID-19 pandemic presented numerous challenges for employers and workplaces across the globe. While COVID is not gone, the federal government did recently end the federal public health emergency. Shortly thereafter, on...more

Stevens & Lee

Can Terminating an Employee for Quarantining Violate New Jersey’s Whistleblower and Anti-Retaliation Laws?

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In a case likely to be the first of many, a New Jersey Superior Court has ruled that an employee who takes medical leave due to COVID-19 symptoms and exposure may be protected by New Jersey’s whistleblower and...more

Constangy, Brooks, Smith & Prophete, LLP

Request for "FMLA leave" is protected activity, court says

Even if the employee doesn't qualify. Picture this. You ask your boss whether you can take leave under the FMLA. Your boss asks why you want the leave, and you say your cat is sick.* It's your favorite cat. Your boss...more

Jackson Lewis P.C.

2022 New York Roundup: State, City Legislative and Related Developments

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In 2022, New York State and New York City enacted many new workplace laws, creating additional obligations for employers. New York State Legal Updates- New York State and City COVID-19 Requirements- In 2022, several...more

Foley & Lardner LLP

“No-Fault” Attendance Policies Now Unlawful in New York: What Should Employers Do?

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Last week, New York State enacted legislation that bans “no-fault” attendance policies. The new law, which will take effect in 90 days, prohibits employers from penalizing workers based on “use of any legally protected...more

Fisher Phillips

Top 10 New California Employment Laws Signed into Effect by Governor Newsom

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As we previewed previously, a number of hot-button legislative proposals made it to Governor Newsom’s desk this year – many of which would change the landscape for California employers. For the first time since the COVID-19...more

Sheppard Mullin Richter & Hampton LLP

What’s on Deck With Governor Newsom? Employment-Related Bills That May Soon Impact California Employers

In a last minute whirlwind of activity by California’s Legislature, a significant number of employment-related bills have now made their way to Governor Newsom’s desk and await their fate. Below are highlights of some of the...more

Fisher Phillips

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

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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

Genova Burns LLC

An Ounce of Prevention is Worth a Pound of Cure: Employer Escapes Liability in FFCRA COVID Litigation

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​​​​​​​America may be moving forward from the COVID-19 pandemic, but employers continue to deal with its aftermath as they face lawsuits alleging violations under the Families First Coronavirus Response Act (FFCRA). On July...more

Carlton Fields

Top 10 First Amendment Cases of the Supreme Court Term

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The Supreme Court term that ended today once again showed the power of the First Amendment to shape American life. The court invoked the First Amendment in cases regulating social media platforms, prayer at public schools,...more

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