Newsletters

04.13.22

Seventh Circuit Signs Off on Termination After FMLA Leave

An employer with documented evidence of performance issues before an employee took leave under the Family and Medical Leave Act did not run afoul of the statute when it terminated the employee upon her return, the Seventh Circuit Court of Appeals recently held.


04.13.22

Supreme Court Considers Intersection of PAGA and Arbitration

The U.S. Supreme Court considered California’s Private Attorneys General Act recently, debating whether a plaintiff who filed suit under the statute could avoid the mandatory arbitration clause she signed as an employee of a cruise company because she was standing in the shoes of the state ...


03.16.22

Sexual Harassment, Assault Claims No Longer Subject to Arbitration Under FAA

President Joseph Biden has signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, allowing individuals asserting a claim of sexual harassment or assault to file suit in court despite the existence of a predispute arbitration agreement or class or collective action ...


03.16.22

Relation Back Doctrine Can Apply to PAGA Claims

Considering the intersection of the Private Attorneys General Act and the doctrine of relation back, a California appellate panel found that the doctrine can apply to the statute, opening the door to a subsequent employee to move forward with a suit dating back to the date the initial complaint was ...


03.16.22

Making Things Clear: Pay Transparency Comes to New York

The most recent trend in employment-related legislation: pay transparency.


03.16.22

No Jury Right for PAGA Claims

Does an employee have the right to a jury trial in a PAGA suit? Not according to a recent California appellate panel decision in a suit brought by a cashier at Ralphs Grocery Company.  


03.16.22

SEC Considers Tweaks to Whistleblower Program

The Securities and Exchange Commission is considering changes to its billion-dollar whistleblower program with two amendments.  


02.16.22

Convicted Murderer Survives Motion to Dismiss in Hiring Suit

​Employers in New York may be liable for the failure to hire a convicted murderer, a federal court judge in the state ruled, refusing to dismiss a proposed class action.


02.16.22

California Supreme Court Sets Framework for Whistleblower Retaliation Claims

Answering a certified question from the U.S. Court of Appeals, Ninth Circuit, the California Supreme Court weighed in on the proper framework for evaluating whistleblower retaliation claims brought pursuant to Labor Code Section 1102.5.


02.16.22

Notice, Consent Required in New York for Electronic Monitoring

Pursuant to a new state law, beginning in May, employers in New York must provide prior written notice and obtain consent from new employees about the types of electronic monitoring being used.