News & Analysis as of

Wage and Hour Human Resources Professionals Retaliation

Constangy, Brooks, Smith & Prophete, LLP

Employee quits but tries to take it back: Can she do that?

A true story, somewhere. You are Dilbert, the head of Human Resources for a fictional company that is not perfect but still a pretty decent place to work. You have an employee, Dolores, who is more trouble than she’s...more

Foster Swift Collins & Smith

[Webinar] Labor & Employment Law Update: 2025 Recap and Insights for 2026 - September 17th, 9:00 am - 11:30 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Constangy, Brooks, Smith & Prophete, LLP

Luck may have been the residue of design in jeweler’s age discrimination win

Branch Rickey, former General Manager of the Brooklyn Dodgers and the man who gave Jackie Robinson his shot in the Big Leagues, once said that luck is the residue of design. (Actually, the phrase may come from the British...more

Dickinson Wright

The 6th Circuit Clarifies Retaliation Under the FMLA

Dickinson Wright on

On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct...more

Constangy, Brooks, Smith & Prophete, LLP

Employees who self-destruct

Mental illness can cause problems at work, and keep employees from getting help. If my experience is typical (and it may not be), it seems that a significant percentage of employers’ legal and Human Resources problems come...more

Constangy, Brooks, Smith & Prophete, LLP

Suit based on notice of intermittent FMLA absences will go to trial

Employers, don't be too rigid about employee notice requirements. Weird case from the U.S. Court of Appeals for the Sixth Circuit. Imagine this: You're the HR manager at a manufacturing facility. An hourly employee has...more

Hinshaw & Culbertson - Employment Law...

FMLA Case Demonstrates that Employees Cannot Use Protected Leave as a Shield Against Warranted Discipline, Even Discharge

The intersection between an employer's obligations under the Family & Medical Leave Act (FMLA) and its enforcement of performance standards sometimes feels fraught with fear. However, nothing in the FMLA prohibits an employer...more

Poyner Spruill LLP

New Publication from U.S. Department of Labor Wage and Hour Division Highlights Continued Focus on Retaliation

Poyner Spruill LLP on

On March 10, 2022, the U.S. Department of Labor Wage and Hour Division (“WHD”) published Field Assistance Bulletin No. 2022-02: Protecting Workers from Retaliation (“FAB”)....more

Constangy, Brooks, Smith & Prophete, LLP

Employee "Refuses To Sign." Now what?

Should the employer force the issue? You Human Resources professionals are familiar with this scenario. You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more

Fisher Phillips

COVID-19 Employment Litigation Tracker Reveals New York Is A Hotspot For Workplace Claims

Fisher Phillips on

The state of New York has not been immune to the fast-growing COVID-19 employment litigation case load. This should come as no surprise to businesses located here, given that New York has been one of the states hit hardest by...more

American Conference Institute (ACI)

[Event] Employment Practices Liability Insurance – Strategic Guidance For The Most Complex Epli Claim Coming Across Your Desk -...

Back by popular demand, ACI’s EPLI conference returns to New York City. Whether you are a claims manager, underwriter, risk manager, in-house or outside counsel, this is your most worthwhile opportunity to network and...more

Fenwick & West LLP

Fenwick Employment Brief

Fenwick & West LLP on

California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and beyond. ...more

NAVEX

Six Lessons that Redefine Focused Compliance Training: Lesson One

NAVEX on

Lesson 1: Focus on the Biggest Risks Planning for 2014 is likely pressing on your mind, or it will be in a short time. You will be faced with answering a key perennial question--how should your organization allocate...more

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