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Statutory Interpretation Employee Rights Employment Litigation

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

Québec Court of Appeal Clarifies the Duty to Reassign Pregnant Workers

In Ville de Québec v. Ouellet, a pregnant police sergeant asked her employer, the City of Québec, to assign her safe duties rather than be pulled off the job under the workers’ compensation program known as Program for a safe...more

Littler

Puerto Rico Supreme Court Clarifies Limits for Unjustified Dismissal Under the Workers' Compensation Act

Littler on

On June 26, 2025, the Puerto Rico Supreme Court (PRSC) issued an opinion in Méndez Ruiz v. Techno Plastics Industries, Inc., 216 D.P.R. ____, 2025 TSPR 68 (2025), determining whether the defendant had “just cause” under...more

Pullman & Comley - Labor, Employment and...

ICYMI: Federal Court Clarifies Employee Rights to Workplace Accommodation under the ADA

Take note, employers: if your decision to accommodate a qualified employee with a disability is solely based on necessity, you may be inviting unnecessary legal exposure. ...more

Jackson Lewis P.C.

Timing Is Everything: SCOTUS Shuts Down Retiree’s ADA Post-Employment Benefits Claim

Jackson Lewis P.C. on

Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more

Tucker Arensberg, P.C.

Federal Court Refuses to Dismiss Claims Brought Under Pennsylvania’s Criminal History Record Information Act (“CHRIA”)

Tucker Arensberg, P.C. on

Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...more

Littler

First Circuit Finds University Police Sergeants and Sergeant Detectives are “Supervisors” Under the National Labor Relations Act

Littler on

On May 23, 2025, the First Circuit Court of Appeals reversed the National Labor Relations Board’s 2024 decision that police sergeants and sergeant detectives in Northeastern University’s police department were statutory...more

Keating Muething & Klekamp PLL

SCOTUS Lowers Bar for Reverse Discrimination Claims

On June 5, 2025, the Supreme Court lowered the bar for majority-group plaintiffs – ruling they are not required to meet a higher standard to bring reverse discrimination claims. The Supreme Court unanimously ruled in Ames v....more

Amundsen Davis LLC

U.S. Supreme Court Upholds Catholic Charity’s Religious Exemption From Wisconsin Unemployment Tax

Amundsen Davis LLC on

In a 9-0 decision authored by Justice Sonia Sotomayor, the U.S. Supreme Court overturned a ruling by the Wisconsin Supreme Court, which held that Catholic Charities Bureau Inc. (the “Charities) and its subsidiaries were not...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: SCOTUS overrules higher standard for majority group asserting bias claims

On June 5th the U.S. Supreme Court held that majority-group plaintiffs do not have to show special “background circumstances” to support a Title VII discrimination claim. ...more

Jackson Lewis P.C.

PR Supreme Court’s Rejection of Agency Deference Gives Employers New Tools

Jackson Lewis P.C. on

The Puerto Rico Supreme Court has issued a landmark decision limiting the deference that Puerto Rico courts owe to administrative agencies’ legal conclusions. The ruling recalibrates the balance of power between courts and...more

Seyfarth Shaw LLP

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

Seyfarth Shaw LLP on

The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more

Cranfill Sumner LLP

NC Court Clarifies That Prior Settlement Does Not Preclude New Workers’ Comp Claim for Subsequent Injury

Cranfill Sumner LLP on

In Collins v. Wieland Copper Prods., LLC, _____ N.C. App. ______, 910 S.E.2d 373 (2024), the Court of Appeals held that a prior settlement agreement with an employee for a prior work injury did not bar the employee from...more

Mintz - Employment Viewpoints

New Amendments to the New York Labor Law Limit Certain Pay Frequency Claim Damages

New York State has resolved a recent judicial split regarding pay frequency violation remedies by amending the New York Labor Law (“NYLL”) to limit an employee’s ability to recover sizeable liquidated damages. New York...more

Marshall Dennehey

Post-Accident Drug Testing and Consent: Evaluating Reasonable Suspicion Under Florida Workers’ Compensation Law

Marshall Dennehey on

Juan Maldonado v. D & A Building Services, Inc./Bridgefield Casualty Insurance Company, OJCC Case No.: 24-018373NPP - The claimant was injured in a workplace accident and subsequently hospitalized. Following the incident, the...more

Weintraub Tobin

Are Prospective Meal Period Waivers Enforceable? YES – If Done Properly

Weintraub Tobin on

California Labor Code section 512 guarantees a thirty (30) minute, off-duty, meal period for employees after five (5) work hours, and a second thirty (30) minute, off duty, meal period after ten (10) work hours. Section 512...more

Saul Ewing LLP

Second Circuit Rejects Broad Interpretation of “Marital Status Discrimination” Under New York City Human Rights Law

Saul Ewing LLP on

Although not prohibited by federal law, employment discrimination based on marital status is illegal in several states. However, the exact contours of “marital status” discrimination have been somewhat unclear, leading to a...more

Seyfarth Shaw LLP

New York Sharply Curtails Damages for Weekly Pay Violations

Seyfarth Shaw LLP on

The 2025 New York State budget includes a provision that reduces the potential damages available to plaintiffs for violation of the weekly pay requirement of the New York Labor Law....more

McAfee & Taft

Can a non-disabled employee recover backpay under the ADA? At least one appeals court thinks so.

McAfee & Taft on

In the brilliant 1993 movie The Fugitive, there is an iconic scene in which the wrongly accused Dr. Richard Kimble emphatically tells Deputy U.S. Marshal Samuel Gerard, “I didn’t kill my wife!” Gerard responds, “I don’t...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Feliciano v. Department of Transportation

On April 30, 2025, the U.S. Supreme Court decided Feliciano v. Department of Transportation, No. 23-861, holding that federally employed military reservists called to active duty during wartime or a national emergency are...more

Bennett Jones LLP

Termination Provisions and the Perils of Imprecise Drafting: Key Lessons from De Castro v Arista Homes Limited

Bennett Jones LLP on

The Ontario Court of Appeal’s recent decision in De Castro v Arista Homes Limited, 2025 ONCA 260 (De Castro) provides Ontario employers with yet another reminder about the importance of clear and concise drafting in...more

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

More Arrested Developments: Wisconsin Supreme Court Holds ‘Arrest Record’ Encompasses Noncriminal Civil Violations

The Supreme Court of Wisconsin recently provided significant guidance resolving uncertainty about the scope of the Wisconsin Fair Employment Act’s (WFEA) prohibition against discrimination based on an employee’s or...more

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

Blake, Cassels & Graydon LLP

Interprétation des dispositions relatives au licenciement : Approches distinctes des tribunaux de la Colombie-Britannique et de...

Aperçu - Il est de plus en plus difficile pour les employeurs de déterminer si les dispositions relatives au licenciement incluses dans leurs contrats d’emploi seraient jugées exécutoires advenant leur contestation devant...more

Sheppard Mullin Richter & Hampton LLP

Full D.C. Circuit Court Reinstates Wilcox to the NLRB

On April 7, 2025, the U.S. Court of Appeals for the District of Columbia held that President Trump’s termination of National Labor Relations Board (“NLRB” or the “Board”) Member Gwynne Wilcox was unlawful. The decision marks...more

Shook, Hardy & Bacon L.L.P.

Does a Day Matter Under the Massachusetts Wage Act? Contradictory Clauses Causes Court to Contend with Canons of Construction

Recently, in a case of first impression, Judge Angel Kelley of the United States District Court for the District of Massachusetts confronted a “seemingly simple” question on a motion to dismiss: does a difference of one day...more

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