Labor and Employment

If You Didn’t Write It Down, It Didn’t Happen

The issue that schools have struggled with most this year is the failure to document employee-performance challenges, Suzanne Bogdan with Fisher & Phillips LLP says, which leads to a higher risk in making nonrenewal or separation decisions for employees with substandard performance or poor behavior. Steps schools should take in preparation for the next school year.

First Circuit Makes It Harder For Employers To Defend Disparate Impact Claim

A recent decision by the U.S. Court of Appeals for the First Circuit may indicate a change in how the […]

Non-Competes Trending, Employee Litigation Is Not

Attorney Rob Radcliff comments on a New York Times article which concludes that non-compete agreements are on the rise, and […]

After Harris v. Quinn, Another Ax To Fall?

The Doctrine of Strict Necessity, recalls Barnes & Thornburg attorney Gerald Lutkus, is a fixture of Supreme Court case law […]

Confederate Flag Can Contribute to Hostile Work Environment, Says Eleventh Circuit

Exposure to the Confederate flag in the workplace can support an employee’s claim of racial discrimination, according to an Eleventh Circuit Appeals Court.

Top 10 Pitfalls in Managing Employment Contracts as You Go Global

Foreign companies rolling out foreign-style employment agreements to US-based regular employees, losing the benefits of the unique concept of at-will employment in the US. Against this background, a few important pitfalls to be aware of as you develop your global employment documentation.

What Does ‘Noel Canning’ Mean for the NLRB’s Previously Decided Cases?

The Supreme Court decision nixed President Obama’s recess appointments to the NLRB means more than 700 published and unpublished decisions were invalidated, of which 128 remain active before the federal courts of appeal. What the most significant outstanding cases are, and where they stand now.

Workers Win Wage And Hour Suit Against Wal-Mart And Its Logistics Provider

Schneider Logistics Inc. agreed to pay $21 million to settle a class-action lawsuit brought by workers at a California warehouse. […]

UK Employers Worry Flexible Work Expansion Could Ignite In-Fighting

Nearly all employees in the UK will now be allowed to request flexible working schedules, a right previously restricted to […]

Major Supreme Court Decisions On Last Day Of Session

In the final day of this year’s session,  the Supreme Court ruled that for-profit employers can opt out of providing […]

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