Searching Content indexed under Employment Litigation/ Tribunals by Foley Hoag LLP ordered by Published Date Descending.
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Employers Can Lose Failure-To-Exhaust Defense If Not Timely Raised, Supreme Court Rules
On June 3, 2019, the United States Supreme Court ruled unanimously in Fort Bend County, Texas vs. Davis that Title VII cases can proceed in federal court even if employees fail to first bring their
United States
19 Jun 2019
Martha Coakley Speaks With Tim Cheatham Of Wal-Mart On Exploring Collaboration With State Attorneys General
This week was the Retail Industry Leaders Association (RILA) Retail Law Conference in Austin, Texas.
United States
17 Oct 2018
Supreme Court Adopts More Expansive View Of FLSA Exemptions
In so holding, the Court rejected the principle, cited by the Ninth Circuit, that the FLSA exemptions should be construed narrowly.
United States
6 Apr 2018
Massachusetts SJC Extends Job Protections To Medical Marijuana Users
In a landmark decision, the Massachusetts Supreme Judicial Court ("SJC") ruled on Monday that an employee who is fired for testing positive for marijuana due to her lawful off-duty use of medical marijuana...
United States
2 Aug 2017
Texas AG Wins Preliminary Injunction In Title IX Dispute
On May 13, DOE ad DOJ issued a "Dear Colleague" letter clarifying their interpretation of the applicability of Title IX to potential discrimination based on gender identity or transgender status.
United States
6 Sep 2016
NLRB Ruling Makes It Easier To Organize Temporary Workers
The NLRB, in another pro-union decision, overruled its own precedent and ruled that unions do not need employer consent before organizing bargaining units that combine both regular employees and temporary workers jointly employed by another entity.
United States
20 Jul 2016
Employee's Self-Help Discovery May Be Protected Activity Under Massachusetts Anti-Retaliation Law
The SJC's ruling stems from a lawsuit brought against a Boston law firm, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., by one of its former attorneys.
United States
8 Jun 2016
Employee's Self-Help Discovery May Be Protected Activity Under Massachusetts
An employee who searches for, copies, and shares with her attorney her employer's confidential business records to bolster her discrimination claim against her employer may be protected from discipline under Massachusetts law.
United States
8 Jun 2016
Supervisors Can Be Individually Liable Under The FMLA
We are going to take a brief trip to New York to explore a new case that has important implications for Massachusetts employers.
United States
5 Apr 2016
The SJC Complicates Summary Judgment Standard In Discrimination Cases
Understanding the significance of the SJC's decision requires a quick summary of the burdens of proof in employment discrimination cases.
United States
1 Apr 2016
Supreme Judicial Court Reinstates Jury Verdict For Former Employee On FMLA Retaliation Claim
Last week's Massachusetts Supreme Judicial Court decision in Esler v. Sylvia-Reardon serves as an important reminder of the potential scope of employees' rights under the federal Family and Medical Leave Act.
United States
17 Mar 2016
Non-Compete Reform Finally May Be Coming To Massachusetts
After falling off the radar recently, it appears that non-compete reform is back on the agenda on Beacon Hill.
United States
15 Mar 2016
SJC Rules In Employment Discrimination Cases A Plaintiff Need Only Show The Reason For Discharge Was Untrue To Survive Summary Judgment
The questions before the SJC, in Bulwer, relate to what evidence is required to establish pretext, and at summary judgment, who has the burden to show it.
United States
9 Mar 2016
SJC Finds That Employee's Unauthorized Copying Of Proprietary Information Did Not Give Employer Grounds To Discontinue Severance
Eventmonitor involved a dispute between a Massachusetts-based software company and its former vice president of business affairs.
United States
11 Feb 2016
NLRB Holds That A Ban On Videotaping Workplace Conversations Is Unlawful
Recently, the National Labor Relations Board held that an employer violated Section 7 of the National Labor Relations Act by maintaining a policy that prohibited employees from making certain audio or video recordings in the workplace.
United States
13 Jan 2016
Seventh Circuit Rejects EEOC's Attack On Severance Agreements
On December 17, 2015, the U.S. Court of Appeals for the Seventh Circuit upheld the dismissal of a lawsuit by the EEOC against CVS Pharmacy, Inc....
United States
4 Jan 2016
First Circuit Clarifies Remedies For Retaliation Under The Wage Act
On Tuesday, December 15, 2015, the United States Court of Appeals for the First Circuit issued a decision that addresses the potential remedies available under the Massachusetts Wage Act.
United States
30 Dec 2015
First Circuit Holds That Jury Can Decide Whether Store Managers Were Exempt From The Overtime Requirements Of The FLSA
Last week, the U.S. Court of Appeals for the First Circuit reversed summary judgment to the employer, an operator of Dunkin' Donuts stores, on claims by two former managers that they were improperly denied overtime...
United States
22 Dec 2015
Company May Be Liable For Temporary Worker's Discrimination Claims
A recent decision by the U.S. Court of Appeals for the Third Circuit, Faush v. Tuesday Morning, Inc., is a reminder that companies that utilize employees of staffing companies are not insulated from employment law claims.
United States
26 Nov 2015
National Labor Relations Board Issues Controversial Decision Regarding Who Is A Joint Employer
One of the most fundamental concepts under federal labor law is identifying who is the employer.
United States
4 Sep 2015
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