California Employment News: Gathering Information in a Workplace Investigation – Part 2 (Featured)
Work This Way: A Labor & Employment Law Podcast | Episode 44: Conducting Effective Workplace Investigations with Kimberly Hewitt and Antwan Lofton of Duke University
A Retaliation Refresher: What's the Tea in L&E?
#WorkforceWednesday®: Federal Contractors Alert - DEI Restrictions Reinstated by Appeals Court - Employment Law This Week®
Whistleblower Challenges and Employer Responses: One-on-One with Alex Barnard
Constangy Clips Ep. 9 - The Penalty Playbook: 3 Pointers for Employee Discipline
Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast
Hoops and Legal Loops: The Dearica Hamby Case Explained
Workplace Investigation Protocols: One-on-One with Greg Keating
Webinar: Is Your DEI Policy Setting You Up for a Lawsuit?
Navigating Employment and Separation Agreements: Lessons From Al Pacino's Serpico — Hiring to Firing Podcast
Employment Law Now VII-130- An Interview With EEOC Commissioner (Vice Chair) Jocelyn Samuels
#WorkforceWednesday: Whistleblower Risks in an Economic Downturn, Whistleblower Protection Settlement - Employment Law This Week®
DE Under 3: Updated EEOC COVID-19 Technical Assistance Guidance, Case Decision & Wage & Hour Division Proposed Rule
What's Going on With Whistleblower Lines
#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation - Employment Law This Week®
Whistleblowers: Don't Drink the Government's Kool-Aid
What Employers Should Know About the Federal Joint Initiative to Reduce Workplace Retaliation
#WorkforceWednesday: Whistleblower Regulations Increasing, #MeToo Bill Passes, Cyberfraud Risk Mitigation - Employment Law This Week®
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
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
"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more
In our recent webcast, “Terminating the Problem Employee," the Labor & Employment team shared key considerations for employers looking to terminate a “problem employee” while avoiding controversy and litigation. Below are our...more
Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more
Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more
Law and Practice Chambers - The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal...more
In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more
Common sense suggests that once the discipline train has left the station an employee should not be able to derail it by filing a charge of discrimination or engaging in other protected activity. This concept is typically...more
Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more
Federal law (as well as many states’ law) forbids an employer from retaliating against an employee who engages in protected activity, such as complaining of unlawful discrimination. One way that many employees seek to...more
It is every L&E attorney’s dream: You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show....more
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
Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more
Nursing Home Fired a Certified Nurse Assistant When He Disclosed He Was HIV-Positive, Federal Agency Charged - AUSTIN, Texas - A nursing home violated federal law by discharging an employee who hesitated when ordered to...more
Last week, we wrote about the “Cat’s Paw” theory of liability —where a person is used unwittingly to accomplish another person’s discriminatory purpose in the workplace. A common example would be when a racist employee...more
Unlawful workplace retaliation can take several forms, and claims for retaliation arise under a number of different statutes and common law theories. Workers compensation statutes, for example, contain provisions that...more
Moore v. Century Gaming Management, Inc., No. B249978 (June 4, 2014): The California Court of Appeal recently ruled in an employee’s favor in a suit in which she claimed that her employer interfered with her rights under the...more
In Salas v. Sierra Chemical Co. the California Supreme Court recently held that an undocumented worker who fraudulently obtained employment through use of someone else’s social security number may seek damages for employment...more
Phoenix Business law firm Jaburg Wilk's Employment Law attorney Kraig J. Marton discusses what wrongful termination is in Arizona such as illegal discrimination, retaliation and breach of an employment contract. He also talks...more
The success or failure of an employer’s defenses in employment litigation often turns on what motivated a termination decision. My consistently subpar performance or my complaint about harassment? My taking of leave or...more
The holidays have come and gone. I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for. I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins....more
The U.S. District Court for the Northern District of Illinois recently ruled that a retaliation claim survived summary judgment because of the “convincing mosaic” of evidence of retaliation the Plaintiff presented,...more
In Kodwavi v. Intercontinental Hotels Group Resources, Inc., a federal district court in California determined that a hotel employee was not entitled to have his claims of national origin discrimination and retaliation go to...more
Federal Agency Says Westmont Senior Residence Fired Employee for Complaining About Sexual Hostile Work Environment - CHICAGO - A Westmont, Ill., senior living center violated federal law by retaliating against an...more
The dating service It’s Just Lunch USA, LLC (“It’s Just Lunch”) will pay $900,000 to settle a suit alleging that the company discriminated against men....more