The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification. The Texas Supreme Court, in Apache Corp. v. Davis, has been asked to evaluate a lower court ruling on the subject. The lower court...… Continue Reading
Like other States (including New York) and many cities, Illinois has expanded the reach of its anti-discrimination statute to bring smaller employers within coverage of the Human Rights Act. Even though such small employers may lack the in-house expertise to understand the nuances of complex laws, they must find a way to do so. Our...… Continue Reading
As if the current legal environment for employers and their insurance carriers was not sufficiently challenging, state legislatures are considering bills, inter alia, to expand the definition of a hostile work environment, to expand coverage of anti-discrimination and harassment laws to independent contractors, to increase penalties for harassment and to require that employers pay for...… Continue Reading
In an effort to prevent sexual harassment in the workplace, New York State and New York City have enacted laws mandating educational sessions to reinforce what is (and what is not) appropriate workplace conduct. Joining, California, Connecticut, and Maine, mandatory training will now be required in New York City and New York State. To help...… Continue Reading
After years of litigation across the country and sharply divided rulings among the Circuits (some damning class/collective action waivers and others enforcing them), and over seven months after oral argument, the United States Supreme Court upheld the enforceability of arbitration agreements that include class and collective action waivers. It was a close decision, 5-4, like...… Continue Reading
The EPL industry rightfully has been concerned about the NLRB’s and courts’ expansion of liability from the seeming employer to those with relationships to that entity. Franchisors increasingly were exposed to liability for franchisees’ alleged misconduct and contractors were being served with lawsuits alleging discrimination by subcontractors or staffing agencies. This expansionist trend may be...… Continue Reading
Jackson Lewis’ maintains two offices in the Kansas City Region, with a total of nine attorneys. The Overland Park, Kansas office opened in 2014. The Kansas City, Missouri offices opened in 2017. The offices are led by Office Managing Principal Brian J. Christensen. The nine attorney team includes members of the firm’s class action and … Continue Reading
