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Retaliation Employment Litigation Coronavirus/COVID-19

Chartwell Law

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

Chartwell Law on

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

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

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

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

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

Seyfarth Shaw LLP

Seyfarth’s 2022 Annual Workplace Class Action Litigation Report

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Seyfarth Synopsis: Seyfarth’s 18th Annual Workplace Class Action Litigation Report analyzes 1,607 rulings and is our most comprehensive Report ever at over 840 pages. ...more

FordHarrison

EntertainHR: Top 10 Most Viewed Posts of 2021

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As 2021 winds down, our EntertainHR blog approaches its seven-year anniversary next month. Therefore, in homage of what not to do in the workplace (based on examples of from television, film, and other popular media) and in...more

American Conference Institute (ACI)

[Event] 30th Annual Employment Practices Liability Insurance Conference - January 25th - 26th, New York, NY

ACI’s Forum on Employment Practices Liability Insurance is returning to New York City on January 25 – 26, 2022! IN-PERSON and LIVESTREAM options available. This annual conference is the one-stop, must-attend meeting place...more

Epstein Becker & Green

#WorkforceWednesday: EEOC Enforcement Uptick, New York Limits Private Confidential Settlements, Anti-Harassment Training for...

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This week, we focus on what can be learned from the Equal Opportunity Employment Commission’s (EEOC’s) fiscal year (FY) 2021 filings as employers continue to navigate COVID-19 in the months ahead. EEOC: Back in Enforcement...more

Holland & Knight LLP

Religious Institutions Update: October 2021

Holland & Knight LLP on

Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more

Fisher Phillips

Tracker Reveals: Hot COVID Litigation Summer Could Foreshadow Trouble for Employers

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A sharp increase in pandemic-related workplace litigation this summer could spell trouble for employers, as we expect to see a steady increase in COVID-19 lawsuits filed by employees across the country. That’s just one of 10...more

FordHarrison

The Case of Graham v. Barrier Technologies: Reducing Exposure To Liability in the Midst of a Pandemic

FordHarrison on

Executive Summary: On June 15, 2021, the Southern District of Florida granted summary judgment in favor of employer Barrier Technologies, LLC (“Barrier Technologies” or the “employer”), a manufacturer of radiation protection...more

Parker Poe Adams & Bernstein LLP

Public and Private Employees File First Challenges to Mandatory Vaccination Policies

In a pair of notable new lawsuits, employees of both public and private employers have filed legal challenges to mandatory COVID-19 vaccination policies. First, on April 16, 2021, in the Middle District of North Carolina, a...more

Dorsey & Whitney LLP

Coronavirus Lawsuits More Than Double In 2021; Those Against Healthcare Providers Steadily Increase

Dorsey & Whitney LLP on

Despite widespread vaccine availability and the corresponding optimism about returning to “normal,” the coronavirus pandemic continues to spawn hundreds of employment and health-related lawsuits. Many of these lawsuits have...more

Fisher Phillips

COVID-19 Whistleblower Lawsuits Continue to Target Healthcare Employers, Revealing Risks of Hasty Decision Making

Fisher Phillips on

Fisher Phillips’ COVID-19 Employment Litigation Tracker continues to report that the healthcare industry is the hardest hit by COVID-19 employment litigation. As of the beginning of June, more than one in five of every...more

Fisher Phillips

What New York City Employers Need to Know About The First Court Rulings in Early COVID 19 Related Workplace Litigation

Fisher Phillips on

Of the more than 2,300 COVID-19-related employment lawsuits we have been tracking, many have at least one thing in common: they relate to employees who had (or suspect they had) the virus in late 2019 or early 2020 – before,...more

Epstein Becker & Green

Podcast: Whistleblowing, Retaliation Risks Are On the Rise for Health Care Employers - Diagnosing Health Care

Epstein Becker & Green on

Since the start of the COVID-19 pandemic, many jurisdictions have enacted protections from COVID-19-related liability claims through legislation and executive orders. These liability shields, however, may give health care...more

Fisher Phillips

COVID-19 Employment Litigation Continues Based on Failure to Accommodate Virus-Related Illnesses

Fisher Phillips on

The litigation fallout against employers over COVID-19-related issues is starting to take shape in California – and there has been a definitive uptick in cases alleging the employer is not accommodating physical and/or mental...more

Epstein Becker & Green

#WorkforceWednesday: OSHA ETS on Hold, Retaliation Claims Increase, "Vaccination Ambassadors" - Employment Law This Week®

Epstein Becker & Green on

Welcome to #WorkforceWednesday. This week, employers continue waiting on the Occupational Safety and Health Administration’s (OSHA’s) COVID-19 emergency temporary standard as retaliation claims rise. Secretary of Labor Puts...more

Jackson Lewis P.C.

2,000 COVID-19-Related Employment Lawsuits Filed In The U.S.: An Analysis Of The Data And Trends

Jackson Lewis P.C. on

On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark. Although it took eight months to reach the first 1,000 complaints (March–November 2020), it...more

Fisher Phillips

Employers Should Think Twice Before Denying Virus-Related Leave Requests as COVID-19 Lawsuits Increase

Fisher Phillips on

While there may be light at the end of the tunnel, employers are facing lingering reminders of COVID-19 even as the pandemic subsides – including an increasing amount of litigation about how some have addressed virus-related...more

Jackson Lewis P.C.

COVID-19-Related Employment Litigation Affecting Manufacturing Industry

Jackson Lewis P.C. on

Manufacturing employers probably will continue to see an increase in COVID-19-related litigation affecting the industry. Keeping up with recent trends in COVID-19-related litigation can help manufacturers ensure compliance...more

Fisher Phillips

COVID-19 Sick Leave Litigation Disproportionately Impacts Healthcare Employers: How to Avoid Becoming Another Statistic

Fisher Phillips on

As the weather warms amid the dawning of a new chapter in our country, national vaccine distribution is underway (albeit admittedly haphazard) and the light at the end of the tunnel shines brighter in 2021. As the virus...more

Jackson Lewis P.C.

Employment Law Developments To Monitor In 2021: COVID-19-Related Employment Litigation And Trends

Jackson Lewis P.C. on

As 2021 begins, Jackson Lewis continues to work with employers to help them understand, prepare for, and handle the impact of COVID-19 on the workplace. In addition to advising and counseling clients, Jackson Lewis attorneys...more

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