On May 1, the Supreme Court granted certiorari in Murray v. UBS Securities. Murray is a whistleblower retaliation case brought under the Sarbanes Oxley Act (SOX). Plaintiff Trevor Murray alleges he was terminated in retaliation for raising concerns to his supervisor about his employer (UBS) committing fraud on shareholders. The jury delivered a $1 million […]
Here’s an urban myth: An employee who opposes potential employer discrimination must be treated with kid gloves after complaining. The U.S. 5th Circuit Court of Appeals (whose rulings cover Texas employers) recently stated that this proposition is, indeed, a myth. Oppose, Oppose, Oppose Emilio Lira worked as a financial advisor for Edward Jones. Between November […]
It’s not uncommon for employees who allege discrimination to drop the claim later and focus solely on a retaliation claim against their employer. Courts often dismiss discrimination claims as baseless, only to find the employer retaliated against the employee who made the allegations. Although employers aren’t required to suspend previously planned acts (e.g., investigations or […]
As the new calendar year begins, many organizations are wisely asking, “What can we do to protect our business assets from an employment law perspective?” This is a great question, and the beginning of the year is the perfect time to take stock of existing policies and their effectiveness, review recent changes to applicable laws, […]
Effective in 2023, a new set of rules will change eligibility requirements for the premium tax credit (PTC) created under the Affordable Care Act (ACA). Implemented by the IRS, these new cafeteria plan rules and regulations will now make it easier for an employee’s family members to enroll in subsidized health insurance through an exchange.
While the unemployment rate continues to remain low, given the current potential for a recession or sustained economic downturn, more employers are firing employees. Some employers are also seeing more discrimination claims following terminations.
You would think drafting an arbitration agreement should be simple enough. After all, arbitrating employment discrimination claims was court-approved several decades ago. But issues still persist, as we see in this very recent case from the El Paso Court of Appeals.
Even with absences covered by the Family and Medical Leave Act (FMLA), an employer is entitled to put policies in place describing how employees must notify the employer about their health-related absences. As the means of communicating with supervisors have changed and increased over time, whether an employee has given adequate notice of their absence […]
The Georgia Court of Appeals recently upheld a trial court’s dismissal of an employee’s claim that his employer failed to accommodate his disability, holding that Georgia state law provided him no legal remedy.
A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it retaliated against her for accusing a coworker of tampering with her machine. Let’s take a look at how the U.S. 4th Circuit Court of […]