News & Analysis as of

Unemployment Benefits Employment Litigation

Troutman Pepper Locke

Artificial Intelligence Industry Targeted for Independent Contractor Misclassification Lawsuits: May 2025 IC Legal News Update

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Five months ago, we reported about a class action lawsuit against an artificial intelligence (AI) company that engages workers to perform data labeling and content creation and classifies them as independent contractors (ICs)...more

Tucker Arensberg, P.C.

Commonwealth Court Approves Unemployment Compensation Benefits to Striking Workers

Tucker Arensberg, P.C. on

An economic strike is challenging for any employer. The likelihood, however, that it will achieve its bargaining goals will be substantially reduced if its striking employers can substitute unemployment compensation benefits...more

Fisher Phillips

SCOTUS Says Workers Can Sue State Over Post-COVID Unemployment Benefits Processing Times: Key Takeaways for Employers

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The Supreme Court recently issued a decision that raises big implications for workplace claims brought under state law. Alabama residents who applied for unemployment benefits during the COVID-19 pandemic challenged the way...more

Jenner & Block

US Supreme Court Rules in Favor of Civil Rights Enforcement in Williams v. Reed Case

Jenner & Block on

In a 5-4 opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, and Jackson, the Supreme Court reversed the Alabama Supreme Court’s decision and established a significant precedent...more

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

Supreme Court Says Alabama’s Exhaustion of State Processes Rule Unlawfully Blocked Due Process Claims

On February 21, 2025, the Supreme Court of the United States ruled that an Alabama rule requiring claimants to first exhaust the state administrative appeals process before bringing due process claims over delays in their...more

Fisher Phillips

5 SCOTUS Cases for Employers to Track as 2024/2025 Term Begins

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The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...more

Lathrop GPM

USERRA Does Not Require Paid Military Leave...Or Does It?

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The landscape of federal military leave law may be shifting. In the past three years, four federal appellate courts have held that an employer may be required to offer paid leave for an employee’s military service where the...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

McAfee & Taft

Tips for protesting unemployment claims in Oklahoma

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Now that we’re all coming up from air from dealing with everything and anything COVID-related, let’s revisit some of the more mundane day-to-day basics. You’ve probably been through it so many times that it’s practically...more

Steptoe & Johnson PLLC

Claimant Denied Pennsylvania Unemployment Benefits for Walking Off Job Without Voicing COVID-19 Concerns

Steptoe & Johnson PLLC on

Fear of COVID-19 was not a valid reason for walking off the job, according to the Commonwealth Court of Pennsylvania’s recent decision. Shortly after the lockdown orders were issued by Gov. Tom Wolf in March 2020, a Certified...more

Littler

Puerto Rico Supreme Court Rules on Damages Calculations Involving Double Penalties and Alternate Income Streams

Littler on

In Torres Rivera v. Econo, 2021 TSPR 150, 208 D.P.R. __ (Nov. 18, 2021), the Puerto Rico Supreme Court (“PRSC”) determined that when a plaintiff prevails in a discrimination lawsuit, any award of back pay (lost wages) to be...more

Proskauer - California Employment Law

California Employment Law Notes - September 2021

Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee - Maner v. Dignity Health, ___ F.4th ___, 2021 WL 3699780 (9th Cir. 2021) William “Bo” Maner worked as a...more

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

Texas Appellate Court Clarifies Proof Required for Establishing Misconduct in Receipt of Unemployment Benefits Cases

Navigating the unemployment benefit administrative process under the Texas Unemployment Compensation Act can be difficult for employers. The act limits the type of conduct that may disqualify a claimant from receiving...more

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

Louisiana State Court Denies Injunction to Restore $300-Per-Week Unemployment Benefit

On August 1, 2021, Louisiana stopped paying the $300 weekly supplemental unemployment benefit payment provided by federal law. Prior to the elimination of the benefit, six Louisiana residents sued the Louisiana Workforce...more

Fisher Phillips

February 2021: The Top 17 Labor And Employment Law Stories

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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

Fisher Phillips

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

Epstein Becker & Green

#WorkforceWednesday: COVID-19 Executive Actions, Right-to-Sue Notices, and Liability Shields

Epstein Becker & Green on

Welcome to #WorkforceWednesday, a quick-browse rundown featuring Employment Law This Week® and other resources. This week, President Trump signs executive actions for COVID-19 relief and states across the country enact...more

Seyfarth Shaw LLP

Pennsylvania CBD User Entitled to Unemployment Benefits

Seyfarth Shaw LLP on

On May 11, 2020, a Pennsylvania court upheld the state Unemployment Compensation Board of Review’s order granting a CBD (cannabidiol) user unemployment benefits after being terminated for testing positive for marijuana...more

McAfee & Taft

Oklahoma employer beware: Fraudulent unemployment claims on the rise

McAfee & Taft on

Unemployment filings in Oklahoma, and elsewhere, are at an all-time high due to the coronavirus pandemic. The Oklahoma Employment Security Commission (OESC) recently stated that is has paid more than $432 million in...more

Fisher Phillips

The Top Non-COVID Workplace Law Stories You May Have Missed: March/April 2020

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While you have been primarily focused on COVID-19-related matters since mid-March, that doesn’t the world of labor and employment law has taken a timeout. While the pace of new developments has slowed somewhat, there are...more

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

Indiana Supreme Court Favors Employee Over Interpretation of “Public Policy” Exception to At-Will Employment.

In Perkins v. Memorial Hospital of South Bend (Case No. 20S-CT-233), a split Indiana Supreme Court ruled in favor of an employee who was discharged after testifying against Memorial Hospital of South Bend at a coworker’s...more

Parker Poe Adams & Bernstein LLP

North Carolina Appellate Decisions Reach Different Conclusions With Regard to Disqualification for Unemployment Benefits Due to...

Under N.C. Gen. Stat. § 96-14.6, individuals are disqualified from receiving unemployment benefits if they are discharged due to misconduct associated with the work. On September 3, the North Carolina Court of Appeals issued...more

Proskauer - California Employment Law

California Employment Law Notes - May 2019

Strict Independent Contractor Test Applies Retroactively - Vazquez v. Jan-Pro Franchising Int'l, 2019 WL 1945001 (9th Cir. 2019) - Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4...more

Littler

Seventh Circuit Opines on "Reasonable Factor Other Than Age" Defense to ADEA Claim Stemming from Benefit Plan Elimination

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The U.S. Court of Appeals for the Seventh Circuit recently addressed whether a company’s liquidation plan violated the Age Discrimination in Employment Act (ADEA) because it caused a disparate impact on older workers. ...more

K&L Gates LLP

Working Wise: Employer Responsibilities in a Natural Disaster

K&L Gates LLP on

In this episode, Nickolas Spiliotis discusses employer responsibilities when a natural disaster hits. He covers wage and hour issues, employee protections, and tips for employers. ...more

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