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Employment Litigation/ Tribunals
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Jackson Lewis
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) gives an employee the option of bringing claims related to sexual assault...
Shulman Rogers
In Muldrow v. City of St. Louis, Missouri, the U.S. Supreme Court held that an employee alleging a violation of Title VII need only show that alleged discriminatory...
Pierson Ferdinand
Yesterday, the U.S. Senate Judiciary Committee announced that it had advanced the Protecting Older Americans Act, which would invalidate forced arbitration...
Proskauer Rose LLP
The Fifth Circuit recently reversed a district court's dismissal of claims that the fiduciaries of a 401(k) plan breached the duty of prudence under ERISA...
Littler Mendelson
This Annual Report on EEOC Developments—Fiscal Year 2023, our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission developments over the past fiscal year.
For years, employees haven't been able to challenge their employer's decision-making as discriminatory unless it caused a "serious," "significant," or "substantial" change in the "terms and conditions" of their employment.
Littler Mendelson
Last week was a busy one for the Biden administration. It issued a raft of major employment rules, including a new rule on noncompete agreements and one on the FLSA's "white collar" exemptions.
Duane Morris LLP
On May 6, 2024, the California Supreme Court issued its decision in Naranjo v. Spectrum Security Services, Inc., Case No. S279397, handing California employers a significant victory.
Ogletree, Deakins, Nash, Smoak & Stewart
Earlier this year, Utah joined the growing number of states to enact legislation to ban employers from requiring confidentiality clauses or agreements that block employees from speaking openly about...
Arnold & Porter
On April 12, 2024, the Supreme Court decided Bissonnette v. LePage Bakeries Park St., LLC, 144 S. Ct. 905 (2024), once again addressing the "transportation worker" exemption codified in Section 1 of the Federal Arbitration Act , 9 U.S.C. § 1 et seq.
Reinhart Boerner Van Deuren s.c.
On April 17, 2024, the U.S. Supreme Court (the "Court") held in Muldrow v. City of St. Louis that employers may violate Title VII's anti-discrimination provision...
Proskauer Rose LLP
We have reported extensively over the last few years regarding the many pro-labor decisions issued by the National Labor Relations Board ("NLRB"), which largely align with General Counsel ("GC")...
Seyfarth Shaw LLP
California lawmakers have introduced legislation that would give employees the right to ignore communications from their employers that are received outside the contours of their "working hours...
Seyfarth Shaw LLP
In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of sex.
Bass, Berry & Sims
In a recent decision, the United States Supreme Court ruled that a lateral job transfer can – in certain circumstances...
Jackson Lewis
An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment.
Pierson Ferdinand
In a groundbreaking decision with far-reaching implications, the United States Supreme Court handed down its decision this week in Muldrow v City of St. Louis...
Buchanan Ingersoll & Rooney PC
On April 14, 2024, the Supreme Court upended almost thirty years of precedent when it, by its own admission, "lower[ed] the bar Title VII plaintiffs must meet" when alleging a discriminatory transfer.
Seyfarth Shaw LLP
In Balderas, the employee alleged that she was "not suing in her individual capacity" but "solely under the PAGA, on behalf of the State of California...
Sheppard Mullin Richter & Hampton
On April 23, 2024, the Federal Trade Commission (the "FTC") voted 3-2 to issue its final rule ("Final Rule") banning employers from imposing noncompete clauses on their workers...
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