California Supreme Court ruling expands the scope of potential defendants under FEHA
10/23/23
By: Tyler J. Jacobs and Daniel Parker Jett
The California Supreme Court recently issued a ruling in Raines v. U.S. Healthworks Medical Group, 15 Cal.5th 268, 312 Cal.Rptr.3d 301 (Aug. 21, 2023), which resulted …
A sign of things to come: Fifth Circuit expands scope of employment practices protected by Title VII
8/24/23
By: Robert Chadwick
On Friday, August 18, 2023, an en banc panel of the U.S. Court of Appeals for the Fifth Circuit reversed nearly three decades of precedent as to the reach of Title VII of the …
Don’t lose your right to arbitrate – separate provisions can permeate
8/9/23
By: Lynn Hollenbeck
Employers, beware. The Arbitration Agreement you have your employees sign may be rock solid, but an unconscionable provision in another onboarding document can permeate and vitiate it. In a case decided in April 2023 …
Georgia Court of Appeals Rules Employee Non-Solicitation Provision Must Have Geographical Limitation
7/6/23
By: Bradley T. Adler and Zachary W. Jarvis
While the future enforceability of non-compete provisions (and some other post-employment restrictive covenants) may be uncertain due to the recent efforts of the Federal Trade Commission, …
6/29/23
By: Christopher J. Fleissner and Daniel Parker Jett
The Ninth Circuit recently ruled that an employer’s conduct can discriminate based on sex even if that conduct equally offends both men and women, and even …
Running a background check? – Don’t run from these disclosures
6/28/23
By: Mandy D. Hexom and Thomas Livingston
Background checks are standard procedure for many employers as part of the employee application or onboarding process. It seems obvious that the applicant or employee knows they …
NLRB Continues To Enter New Territory By Advising That Non-Compete Agreements Violate The NLRA
6/12/23
By: Brad Adler
On the heels of the NLRB’s controversial decision in McLaren Macomb, 372 NLRB No. 58 (2023) finding generally that non-disparagement and confidentiality provisions violate the National Labor Relations Act (NLRA), the NLRB’s General Counsel …
Texas is Latest State to Enact Crown Act
5/31/23
By: Robert Chadwick and Lynne Finley
On Saturday, May 17, 2023, Texas Governor Greg Abbott signed House Bill 567, a new law banning race-based hair discrimination in Texas schools, housing and workplaces. Texas thus …
4/19/23
By Jody Cappello and Tara Sheldon
In Jones v. Walmart Store No. 2585 et al., the United States District Court for the District of Connecticut addressed the burden a plaintiff must meet to establish an adverse employment action under 42 …
3/20/23
By: Tia Combs and Allison Spears
In Hudson v. Lincare, Inc., the Fifth Circuit provided employers with a roadmap for the proper response to claims of co-worker harassment. As discussed below, the case exemplifies …
3/10/23
By: Bob Chadwick and Gabriel Canto
As part of a permanent furlough in 2020, McLaren McComb, a union teaching hospital, offered 11 union employees severance agreements offering severance payments in exchange for releases of claims and the following clauses:
Clause …