by Paige Good and Harrison Kosmider, McAfee & Taft
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A recent case from West Texas reminds us yet again that lawyers representing employees fight tooth and nail to keep their clients out of arbitration—and to get their claims to a jury of their peers. Slip and fall Mary...
Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a notice of proposed rulemaking by the Federal Trade Commission (FTC) in late 2023...
Over the past few years, collegiate athletes’ rights have continued to expand, with name, image, and likeness (NIL) deals being a hot topic of conversation and a way for student athletes to obtain significant...
It’s that time of year again! No, we’re not referring to spring. On Tuesday, April 30, 2024, the Equal Employment Opportunity Commission (EEOC) will open its portal for filing 2023 EEO-1 data. The deadline for...
On February 8, 2024, the Supreme Court of the United States (SCOTUS) found that former employees who filed a federal whistleblower retaliation claim under the Sarbanes-Oxley Act (SOX) must only show the protected...
On February 16, 2024, the New Jersey Appellate Division upheld the dismissal of a whistleblowing claim filed by a former supervisor. The court affirmed the trial court’s decision dismissing the employee’s claim under the...
An employee’s performance is measured by the amount of work done. Fair enough. The employee takes Family and Medical Leave Act (FMLA) leave. Must the metrics of performance measurement be adjusted as a result? Earlier...
Each year, the U.S. Bureau of Labor and Statistics (BLS) releases data about workplace injuries across the United States. In its most recent release, the agency saw more than 2.8 million reported work-related injuries...
Regular readers of Mountain West Employment Law Letter know the current National Labor Relations Board (NLRB) has issued a number of worker-friendly decisions over the past year, including Stericycle, Inc., an important...
Q: Are we obligated by law to disclose that our company vehicles are geographically tracked? If so, what is the best practice when advising employees their company cars will be trackable at all times? As a general rule...
Last month, I alerted readers to an Arizona Court of Appeals case, in which the court determined that various deviations from policies allowed an employee to proceed with his retaliation claim against his former employer...
In today’s workplace, many employers allow employees to play music. While this is generally a cost-effective way to improve culture, morale, and productivity; it also creates potential exposure for hostile work...
Most employers are generally aware that federal and state laws protect employees from adverse employment actions because of pregnancy, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act...
Even if you are in the right when you file a lawsuit against a former employee who admittedly took your trade secrets, sometimes the reward is simply not worth the expense. Here, an employer had a former manager dead to...
A justice on the California Court of Appeals delivered candid, practical, and scathing criticism of the state’s “hair-trigger” rule permitting employees to withdraw from arbitration if employers don’t pay arbitration...
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