by Peter Lowe and Lynn Gelinas, Brann & Isaacson
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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...
Lawsuits have become document-crazy, as the merits of a dispute are often buried by discovery (pretrial exchange of evidence) wars. One would expect that to be the case in technical litigation between mega corporations...
The latest iteration of the Department of Labor’s (DOL) independent contractor regulation was scheduled to become effective on March 11, 2024, ending this phase of one of the longest, most convoluted regulatory conflicts...
In 1937, in the midst of the U.S. Supreme Court’s battles with the New Deal and the “court-packing” controversy, the Court heard a case questioning the constitutionality of the National Labor Relations Board (NLRB). At...
During the Biden administration, the National Labor Relations Board (NLRB) has issued a series of decisions that remade the field of labor law for all employers, regardless of union status. In a group of precedent...
Corporate diversity, equity, and inclusion (DEI) programs continue to face new challenges after the Supreme Court’s decision last year banning explicit use of race in admissions to higher education—SFFA v. Harvard/UNC...
The latest litigation against President Joe Biden’s federal contractor minimum wage was heard by the U.S. 9th Circuit Court of Appeals on February 6, 2024. The litigation is one of three separate lawsuits challenging the...
On January 30, 2024, the Biden administration published a proposed regulation to prohibit federal contractors and subcontractors from using job applicants’ prior salary history when setting pay and to require federal...
In a recent interview, Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride argued the damage limitations on employees’ recovery under federal employment discrimination laws are “morally...
The dispiriting events in Congress during these last weeks have revealed just how miserably our legislative branch has performed. And with government shutdowns looming, there is every reason to believe things are going...
Certain construction workers and other employees in the construction industry must be paid the entire balance of accrued and unused paid sick leave if those workers separate from employment before they reach their 90th...
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