Searching Content indexed under Employment Litigation/ Tribunals by Holland & Knight ordered by Published Date Descending.
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NLRB Tunes Up Appropriate Standard In Determining Bargaining Unit Of Mechanics At Boeing
In its decision, The Boeing Company, the National Labor Relations Board clarifies what constitutes an "appropriate" bargaining unit under the "community of interest" standard, using a three-part test.
United States
23 Sep 2019
Trial Necessary On Whether Employer Must Indemnify Indicted Employee Against Whom Charges Were Dismissed
The defendant also argued that indemnity should not apply to the plaintiff as a former employee and that most of her legal bills were incurred after her termination.
United States
22 Jul 2019
80/20 Rule Still Followed In Some Parts
Therefore, the court denied judgment on the complaint.
United States
22 Jul 2019
Religious Institutions Update: June 2019
Government surveillance of individuals due to their religious identity is actionable under federal law.
United States
1 Jul 2019
Supreme Court Reiterates That Class Arbitration Cannot Be Compelled Absent Explicit Consent
The U.S. Supreme Court handed down its decision in Lamps Plus, Inc., et al. v. Varela, No. 17-988, on April 24, 2019.
United States
14 May 2019
Grubhub Wins First Independent Contractor Misclassification Trial In The Gig Economy
Independent contractor misclassification claims have been percolating through the courts for years.
United States
20 Feb 2018
New California Labor And Employment Laws For 2018
The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017.
United States
15 Dec 2017
Supreme Court: District Court EEOC Subpoena Enforcement Decisions Subject To Abuse Of Discretion
In McLane Co., Inc. v. Equal Employment Opportunity Commission, the Supreme Court of the United States held that a district court's decision to enforce or quash a EEOC subpoena must be reviewed for abuse of discretion, not de novo review.
United States
24 Apr 2017
Seventh Circuit Recognizes Sexual Orientation Discrimination Under Title VII
In a landmark decision issued on April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit held that discrimination in employment based on one's sexual orientation is prohibited by Title VII of the Civil Rights Act of 1964.
United States
12 Apr 2017
California Public Employees' Personal Accounts May Be Subject To Public Records Act Requests
The Supreme Court of California has decided unanimously that communications made or stored on a public employee's personal account, including emails sent from a personal account and text messages...
United States
28 Mar 2017
Courts Disagree On Whether Locally Enacted "Right-To-Work" Laws Are Pre-empted By The NLRA
•The issue of a local governmental unit's authority to enact a right-to-work law recently was addressed in two federal court cases...
United States
17 Jan 2017
OSHA Issues Final Rule On Complaints Under Affordable Care Act's Anti-Retaliation Provision
On Oct. 13, 2016, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule governing employee retaliation claims under Section 18C...
United States
3 Nov 2016
District Court Rules On ERISA Liability Of Board And ESOP Advisory Committee Members In ESOP Transactions
On Sept. 1, 2016, the U.S. District Court for the Northern District of Illinois issued its decision in the Antioch employee stock ownership plan (ESOP) fiduciary litigation.
United States
13 Sep 2016
NLRB: Graduate, Undergraduate Teaching Assistants Are Employees Under NLRA
The NLRB on Aug. 23, 2016, issued a 3-to-1 decision concluding that graduate and undergraduate teaching assistants at Columbia University are employees under the NLRA.
United States
1 Sep 2016
Seventh Circuit Clarifies Evidentiary Standard For Employment Discrimination Claims
In Ortiz v. Werner Enterprises, Inc., the U.S. Court of Appeals for the Seventh Circuit has clarified its standard for evaluating evidence in employment discrimination cases.
United States
31 Aug 2016
Employers Must Comply With DOL's Updated Posting Requirements
As of Aug. 1, 2016, the U.S. Department of Labor requires covered employers to update their Fair Labor Standards Act Minimum Wage posters and their federal Employee Polygraph Protection Act posters.
United States
12 Aug 2016
Massachusetts Enacts Groundbreaking Pay Equity Law
Massachusetts has enacted the most expansive pay equity law in the country, following a national trend towards stricter protections against gender discrimination in the workplace.
United States
8 Aug 2016
State Supreme Court Protects Trade Secrets from Disclosure in Litigation
The Supreme Court of Texas ruled that a trial court erred in a hearing on a misappropriation of trade secrets claim.
United States
31 May 2016
Food And Beverage Law Update: April 2016
The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from the effects of nonpayment by certain third parties.
United States
28 Apr 2016
Restaurant Forced To Rehire Employees Who Insinuated Food Was Germ-Infested
The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets...
United States
1 Apr 2016
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