Searching Content indexed under Employment Litigation/ Tribunals by McLane Middleton, Professional Association ordered by Published Date Descending.
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Court's LGBTQ Ruling Awaited (May 2019)
The issue covered by these cases is whether sex discrimination, covered by Title VII of the 1964 Civil Rights Act, also prohibits discrimination
United States
7 Jun 2019
SJC Rules Massachusetts Retail And Inside Salespersons Entitled To Overtime And Sunday Premium Pay
The SJC, Massachusetts' highest court, issued its long awaited decision in Sullivan v. Sleepy's LLC, SJC-12542 on May 8, 2019.
United States
22 May 2019
NH's Top Court Takes A Stand On Wrongful Demotion
In its first employment decision of 2019, the NH Supreme Court declined to recognize a claim for wrongful demotion under New Hampshire law.
United States
13 Mar 2019
Breastfeeding Case Heads To A New Hampshire Jury
According to a New Hampshire judge, "It is at least a jury question whether as plaintiff alleges, ‘public policy encourages a mother to breastfeed her child, particularly where breastfeeding is imperative for the child's health.'"
United States
20 Dec 2018
Supreme Court Expands FLSA Exemptions To Include Auto Dealership Service Advisors
The Federal Fair Labor Standards Act (FLSA) requires that covered employees who work more than forty hours in a week be paid overtime.
United States
4 Apr 2018
The Importance Of Effective Personnel Documentation
As most human resources professionals know, documentation can often make or break an employment lawsuit.
United States
9 Nov 2017
Massachusetts High Court Reinstates Suit By Employee Fired For Off-Duty Medical Marijuana Use
In a highly-anticipated decision issued yesterday, the Massachusetts Supreme Judicial Court reversed a lower court's dismissal of a suit filed by a woman who was fired because of her off-duty...
United States
28 Jul 2017
NLRBs Case-By-Case Scrutiny Standard For Investigative Confidentiality Rules Continues
In Banner Health, the hospital-employer's interview script for conducting sexual harassment and hostile work environment investigations included a direction to the interviewer that s/he should request confidentiality from the interviewee regarding the ongoing investigation.
United States
27 Apr 2017
Seventh Circuit: Negligence Lawsuit May Proceed Against Employer Regarding Supervisor's Off-Site Murder Of Female Subordinate
The Seventh Circuit ruled that the family of a woman murdered by her Home Depot supervisor at a family event could proceed against her former employer(s) on a theory of negligent supervision, hiring, and retention.
United States
27 Apr 2017
Seventh Circuit Holds That Sexual Orientation Is Protected By Title VII
Late yesterday, the Seventh Circuit became the first federal appeals court to hold that Title VII's prohibition on discrimination on the basis of a person's sex also extends to sexual orientation.
United States
12 Apr 2017
Massachusetts Supreme Judicial Court Considers Employees' Use Of Medical Marijuana
In 2016, Massachusetts voters passed a measure decriminalizing marijuana for recreational use.
United States
27 Mar 2017
First Circuit Declines To Enjoin Enforcement Of Massachusetts Earned Sick Time Law In Union Settings … For Now
Last week, a three-judge panel of the U.S. Court of Appeals for the First Circuit upheld the dismissal of a suit filed by construction-industry employers and their trade associations seeking to...
United States
30 Dec 2016
Lawsuit Jurisdiction Depends On Many Factors
I have a significant dispute with a former employee, and efforts to resolve the dispute have failed. If I seek relief through litigation, should I bring my lawsuit in federal or state court?
United States
21 Oct 2016
Can Your Employees Sue For Caregiver Discrimination?
If your employees ask for time off to care for a family member, you may want to think twice before saying no or giving them a hard time without a good reason.
United States
21 Oct 2016
Federal Judge Denies $100 Million Class-Action Settlement Between Uber And Drivers
Upon a motion for preliminary approval of the class-action settlement for $100 million, a federal court found that the settlement between Uber and drivers in two states was not fair...
United States
1 Sep 2016
Think Your Arbitration Clause Protects You From Having To Defend Class Actions In Court? Maybe Not
The 9th Circuit Court of Appeals became the second federal appellate court to bolster the NLRB's position that such waivers are unenforceable and violate the National Labor Relations Act.
United States
26 Aug 2016
Equal Pay For "Comparable Work" Becomes Law In Massachusetts
In a historic moment, yesterday, Governor Charlie Baker signed into law a comprehensive pay-equity bill aimed at eradicating the wage gap in Massachusetts. With the bill's passage, Massachusetts has...
United States
8 Aug 2016
You've Come A Long Way Baby???? What Does Former Fox News Anchor Gretchen Carlson's Lawsuit Tell Us About The State Of Sexual Harassment In The Workplace?
Former Fox News Anchor and commentator Gretchen Carlson filed a sexual harassment suit against CEO Roger Ailes alleging that her contract was not renewed because she refused Ailes' sexual advances.
United States
13 Jul 2016
UBER Agrees To Pay Up To $100 Million To Drivers In Settlement Of Two Class-Action Lawsuits
UBER has settled two class-action lawsuits — one filed in California in 2013 and one in Massachusetts in 2014 — by drivers who sought to be considered employees rather than independent contractors.
United States
5 May 2016
Companies: Make Sure You Are Ready For A Litigation Hold
This responsibility usually falls on the shoulders of the business managers and human resources people who address the issue before outside counsel become involved.
United States
29 Apr 2016
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