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Winning Harassment Claims in the MeToo Era
  • Bradley Arant Boult Cummings LLP
  • USA
  • June 14 2018

In this MeToo era, employers are, understandably, a little sensitive when someone raises a claim of harassment. Even with the heightened sense of

Maryland Says 'MeToo' with New Employer Requirements Related to Sexual Harassment in the Workplace
  • Duane Morris LLP
  • USA
  • June 4 2018

In preparation for the effective date of October 1, 2018, Maryland employers should review existing employment agreements and contracts to ensure that

An Employee’s Workplace Asthma Attack May Trigger FMLA Protections
  • Jackson Lewis PC
  • USA
  • May 30 2018

Many times, timing is everything (or nearly so). For example, in Dighello v. Thurston Foods, Inc. (and unlike the Eleventh Circuit’s ruling in Bailey

FMLA Retaliation in a Cat's Paw
  • McBrayer McGinnis Leslie & Kirkland PLLC
  • USA
  • May 10 2018

FMLA (Family Medical Leave Act) retaliation law expanded in 2017 - about the size of a cat’s paw, which, in this instance, is pretty big. “Cat’s paw”

Retaliation Plaintiff Not a Covered Whistleblower under Plain Reading of Dodd-Frank Act, Court Rules
  • Jackson Lewis PC
  • USA
  • May 4 2018

A former employee who failed to show he reported alleged securities law violations to the Securities and Exchange Commission (SEC), as required under

Fifth Circuit Rules That Threat of Workplace Violence Trumps FMLA Retaliation Claim
  • Phelps Dunbar LLP
  • USA
  • April 23 2018

An alleged threat by a former Southwest Airlines employee, “that he wished he could order a black trench coat so that he could bring his shotgun to

The Value of the Non-Recordable Injury Illness as a Safety Tool
  • Cozen O'Connor
  • USA
  • April 19 2018

Most employers are required to keep OSHA injury and illness records for each of its covered establishments. To meet these obligations, it is prudent

Two Guys Walk into a Wine Bar Not a Joke as Another Court Recognizes Claim for Harassment Based on Sexual Orientation
  • Bradley Arant Boult Cummings LLP
  • USA
  • April 10 2018

I have told clients for years that they ignore claims based on sexual orientation at their peril, and another court is backing me up. An Arizona

FMLA And ADA Claims Put To Bed Where Employer Did Not Know Employee Had Sleep Apnea At The Time Her Employment Was Terminated.
  • Jackson Lewis PC
  • USA
  • March 21 2018

Sometimes what you don’t know can help you. In Guzman v. Brown County, a 911 Dispatcher who was fired after being late repeatedly had her FMLA

New Jersey Legislature Considering Bill Prohibiting Waiver of Employees’ Rights Under Discrimination Laws
  • Reed Smith LLP
  • USA
  • March 6 2018

The New Jersey Legislature is considering a bill with potentially far-reaching implications for employment contracts and agreements resolving