News & Analysis as of

State Constitutions Employment Litigation

Constangy, Brooks, Smith & Prophete, LLP

No wrongful discharge claim based on exercise of rights under state Constitution, Tennessee high court says

The Tennessee Supreme Court has recently held that there is no legal claim for wrongful discharge where an employer terminates an employee because the employee exercised a right set forth in the state Constitution. The...more

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

Pullman & Comley - Labor, Employment and...

Disciplining Employees for Offensive Private Speech: Connecticut Employers Must Show Workplace Disruption

Employers in Connecticut need to be aware that Connecticut law makes the free speech provisions of both the First Amendment to the United States Constitution and those of the Connecticut Constitution applicable to...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Retroactivity and Recalls

This week, the Court addresses the retroactive effect of a preemption decision by the Federal Motor Carrier Safety Administration, and the constitutionality of California’s prohibition on an incumbent appearing on the ballot...more

Genova Burns LLC

Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook...

Genova Burns LLC on

On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more

Proskauer - California Employment Law

California “Women on Boards” Law Ruled Unconstitutional, but California Will Appeal

Last Friday, the Los Angeles Superior Court in Crest et al. v. Padilla (“Crest”) held that Senate Bill 826 (“SB 826”), also known as the “Women on Boards” law, is unconstitutional. The lawsuit challenging the law was brought...more

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

California Employers’ Winning Streak in ‘Suitable Seating’ Cases Continues in Latest Appellate Decision

On February 18, 2022, a California appellate court issued the latest guidance in the continuing saga of statewide “suitable seating” litigation, cementing a significant trial victory for grocers, retailers, and other...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

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 11

This 11th edition of Unprecedented, our weekly update on COVID-19-related litigation, identifies news reports placing the number of COVID-19 filings at around 2,700, with insurance coverage disputes former the single largest...more

Proskauer - Law and the Workplace

Pittsburgh Paid Sick Leave Ordinance To Take Effect March 15, 2020

Following a prolonged legal challenge brought by a group of Pittsburgh businesses, Pittsburgh’s paid sick leave ordinance will finally take effect on March 15, 2020. . As we previously reported, in August 2015, the City of...more

Fisher Phillips

Non-Lawyers Can No Longer Represent Kentucky Employers At Unemployment Proceedings

Fisher Phillips on

The Kentucky Court of Appeals just held that non-lawyers may no longer represent employers in unemployment proceedings, ruling that such a practice is unconstitutional. As a result, you must immediately adjust any business...more

Fisher Phillips

November 2018: The Top 12 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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

Texas Court of Appeals Rules Austin’s Paid Sick Leave Ordinance Unconstitutional

On November 16, 2018, the Third Court of Appeals in Austin, Texas, entered a temporary injunction blocking the implementation of the paid sick leave ordinance that the Austin City Council passed in February 2018. The court of...more

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