Searching Content indexed under Employment Litigation/ Tribunals by Ford & Harrison LLP ordered by Published Date Descending.
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Will Player And Employee Empowerment Kill Arbitration Agreements?
Whether you follow sports or not, you have likely heard about the current state of professional sports, particularly the NBA, referred to as the era of "player empowerment."
United States
1 Oct 2019
NLRB Changes Course On Unilateral Employer Action Standard
Executive Summary: In a 3-1 decision, the National Labor Relations Board (NLRB or the Board) reversed long-held Board precedent regarding when unionized employers may unilaterally change a term
United States
20 Sep 2019
SCOTUS Scheduled To Hear Oral Arguments On Whether LGBTQ Rights Are Protected By Title VII
Executive Summary: The next session of the Supreme Court of the United States (SCOTUS) is just around the corner. On October 8, 2019, SCOTUS will hear oral argument on three closely watched cases
United States
11 Sep 2019
New Jersey Passes The Broadest Wage Theft Law In Country With Dire Consequences For Employers
On the heels of the broadest Pay Equity law in the country, New Jersey has just passed the broadest wage theft law in the country
United States
14 Aug 2019
Despite Agency Appeal, Employers Required To Submit Component 2 Pay Data For Years 2017 And 2018 By September 30, 2019
Executive Summary: On May 3, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) confirmed that employers will be required to submit Component 2 pay data for years 2017 and 2018
United States
22 May 2019
Supreme Court Says: Express Language Required To Arbitrate On A Class Basis
Executive Summary: Approximately one year ago, in Epic Systems Corp., the United States Supreme Court upheld the enforceability of mandatory arbitration agreements that prohibit employees from
United States
14 May 2019
Third Circuit Agrees With Other Appeals Courts – Federal Employees May Bring Retaliation Claims Under Title VII
Executive Summary: On March 12, 2019, the U.S. Court of Appeals for the Third Circuit clarified in a published opinion that federal employees may bring retaliation claims ...
United States
3 Apr 2019
Non-Compete News: Sixth Circuit Gives Attorneys' Fees To Employer
Executive Summary: This month, the United States Court of Appeals for the Sixth Circuit affirmed a lower court's award of attorneys' fees to an employer after it had been granted a preliminary
United States
28 Jan 2019
Supreme Court Rules Independent Contractor Truck Driver Not Required To Arbitrate Wage Claim
Executive Summary: In New Prime Inc. v. Oliveira, the U.S. Supreme Court held today that the Federal Arbitration Act's (FAA) exclusion of certain "contracts of employment" from the Act's coverage
United States
22 Jan 2019
Supreme Court Rules ADEA Applies To All Public Employers Regardless Of Size And Leaves The Door Open To Personal Liability
The first decision by United States Supreme Court this term, Mount Lemmon Fire District v. Guido, has broadened liability for small public employers nationwide by holding unanimously the Age Discrimination in Employment Act (ADEA) applies to all state and local public sector employers irrespective of size.
United States
19 Nov 2018
Airline Industry Alert: FAA Enacts Prompt Settlement Policy For Pilots Who Are First-Time Violators of Drug And Alcohol Testing Regulations
On October 1, 2018, a new Federal Aviation Administration (FAA) policy went into effect that allows commercial pilots who are first-time violators of certain drug and alcohol testing provisions the opportunity for prompt settlement with the FAA.
United States
12 Oct 2018
Non-Compete News – Georgia Court Interprets Who Can Be Subject To A Non-Compete
Effective May 2011, Georgia's Restrictive Covenants Act (RCA) represented a significant change to pre-existing Georgia law.
United States
20 Jun 2018
Eleventh Circuit Raises Bar For Employers Seeking Summary Judgment In Discrimination Cases
Executive Summary: On June 1, 2018, the U.S. Court of Appeals for the Eleventh Circuit in Jefferson v. Sewon America, Inc., No. 17-11802, held that the McDonnell Douglas burden-shifting framework ...
United States
18 Jun 2018
Sixth Circuit Holds Telecommuting May Be Reasonable Accommodation
Executive Summary: On February 21, 2018, the Sixth Circuit Court of Appeals held an attorney could perform the essential functions of her job while working remotely for a ten-week period.
United States
27 Feb 2018
The FMLA And Intermittent Leave: Proceed With Caution
A federal judge in Shreveport, Louisiana recently allowed a former employee's Family and Medical Leave Act (FMLA) lawsuit alleging interference and retaliation to proceed to trial after he was...
United States
2 Feb 2018
Is Social Awkwardness A Valid Reason To Terminate An Employee?
Her job duties included assessing, diagnosing, and treating patients under the supervision of a physician.
United States
1 Feb 2018
1st Circuit Court: FMLA Is Not A Tool Employees Can Use To Delay Termination
Most employers know they cannot retaliate against someone for requesting or using Family and Medical Leave Act (FMLA) leave.
United States
31 Jan 2018
Was Graveyard Shift Transfer A Result Of Discrimination?
A federal judge in Aberdeen, Mississippi recently heard an employee's claims that she was rescheduled to the graveyard shift as a result of discrimination and that she had been subjected to a hostile work environment.
United States
29 Jan 2018
Communication Surrounding Litigation: Loose Lips Sink Ships!
Most employers are probably aware that communications with their attorneys for the purpose of obtaining legal advice are protected under the attorney-client and work-product privileges.
United States
25 Jan 2018
Seventh Circuit Affirms Summary Judgment In Favor Of Employer Finding That Required Mental-Health Examinations Did Not Violate The ADA
Recently, the United States Court of Appeals for the Seventh Circuit in Painter v. Illinois Department of Transportation affirmed the district court's grant of summary judgment to the employer ...
United States
15 Dec 2017
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