Searching Content indexed under Employment Litigation/ Tribunals by Duane Morris LLP ordered by Published Date Descending.
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Supreme Court Rules That Employers Who Do Not Timely Assert Failure To Exhaust Administrative Remedies In Employment Discrimination Cases Risk Waiving The Defense
In a unanimous decision issued on June 3, 2019, in Fort Bend County v. Davis, the Supreme Court of the United States held that an employment discrimination plaintiff's failure to exhaust administrative
United States
7 Jun 2019
Recent State And Federal Cases Imply Changes In California Enforcement Of Employee Nonsolicit Clauses
Two recent cases have determined the use of employee nonsolicitation clauses in employment agreements to be unlawful in the state of California. Any employer with California employees,
United States
8 Mar 2019
A Very De Minimis De Minimis FLSA Exemption
As a general rule, employers must pay non-exempt employees for all time that they work (broadly defined) and that includes getting ready for work (preliminary activities) and finishing work...
United States
16 Aug 2018
EEOC May Get Cozier With Conciliation Under Gustafson
I appreciate contributing to the below article posted to Bloomberg Law written by Jacquie Lee and Jay-Anne B. Casuga.
United States
17 Apr 2018
Sixth Circuit Extends Title VII Gender Protections to Transgender and Gender Transitioning Employees
Momentum continues to build behind the expansion of protections because of "sex" under Title VII of the Civil Rights Act of 1964.
United States
19 Mar 2018
Taking Stock Of New Employees And Their Computer Crime Baggage
When people switch jobs, both sets of employers face known risks. The former employers risk their former employees decamping with their trade secrets. And the new employers risk inviting trade secret lawsuits.
United States
19 Feb 2018
California Supreme Court Holds Plaintiffs Can Seek Information On Other Employees At Outset Of PAGA Litigation Without Showing Compelling Need
The California Labor Code Private Attorneys General Act of 2004 (PAGA) allows employees in California to sue on behalf of the State of California over violations of the California Labor Code.
United States
1 Aug 2017
Seventh Circuit Rules Title VII Bars Sexual Orientation Discrimination
In a groundbreaking decision, the Seventh Circuit became the first federal appellate court to hold that the protection against sex discrimination provided to employees under Title VII of the Civil Rights Act of 1964 also bars discrimination on the basis of sexual orientation.
United States
19 Apr 2017
Recent Independent Contractor Developments Impact All New York City Employers
Recent legislation by the New York City Council and a recent decision by New York's highest court impact all New York City employers who engage independent contractors.
United States
21 Nov 2016
White House Recommends Non-Compete
Last week, the White House called on states to enact sweeping reforms to their non-compete laws. The White House's new policy position is that "most workers should not be covered by a non-compete agreement" and that, although "each state faces different circumstances," many employers have sufficient other targeted remedies to protect their legal interests.
United States
5 Nov 2016
Portions Of Fair Pay And Safe Workplaces Regulations And Guidance Preliminarily Enjoined
On October 24, 2016, the mandatory disclosure and arbitration provisions of the FPSW Regulations and Guidance were preliminarily enjoined by the United States District Court for the Eastern District of Texas in Associated Builders and Contractors of Southeast Texas v. Rung.
United States
26 Oct 2016
Columbia University Decision: More Pro-Labor Activism By The National Labor Relations Board
The Board's decision in Columbia University (364 NLRB No. 90 (August 23, 2016)) demonstrates just how unplugged from reality the current National Labor Relations Board is.
United States
12 Oct 2016
Political HR Tale In Wacky World Of Election 2016
I am pleased to share my latest post to The SHRM Blog regarding the upcoming election and the workplace.
United States
12 Sep 2016
Charting The Rise Of Retaliation Claims: EEOC Issues New Enforcement Guidance On Workplace Retaliation
Effective August 29, 2016, the U.S. EEOC issued Enforcement Guidance on Retaliation and Related Issues, along with a Questions and Answers Guide, and a Small Business Fact Sheet.
United States
9 Sep 2016
Ninth Circuit Delivers Another Blow To Employment Arbitration Agreements Containing Class Action Waivers
Despite the decision in Morris, the enforceability of employment class action waivers remains unresolved.
United States
2 Sep 2016
EEOC Commissioners Feldblum's And Lipnic's Clarion Call To Prevent And Stop Harassment
Today marks the 30th Anniversary of the Supreme Court's holding that sexual harassment is a form of sex discrimination.
United States
21 Jun 2016
Practical Implications For California Companies Under The New Federal Trade Secret Law That Gives Businesses New Means To Protect Their Rights
Failing to include notice of the immunity provision prevents the employer from recovering attorneys' fees or exemplary damages in an action against an employee/contractor/consultant.
United States
17 May 2016
Must Employers Provide "Reasonable Accommodation" For Disability Of A Worker's Family Member? California Court Of Appeal Says, "Yes"
This week, a California Court of Appeal concluded that an employer may have an obligation to provide "reasonable accommodation" for the disability of a worker's family member.
United States
11 Apr 2016
Recent NLRB Developments Of Which All Employers Should Be Aware
The decision by the National Labor Relations Board in Whole Foods Market, Inc. and the Board's encouragement of virtual organizing by unions are developments of which all employers should be aware.
United States
31 Mar 2016
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