Supreme Court Raises Bar for Proving Retaliation

In a decision favoring employers, the Supreme Court split 5-4 on the issue of which causation standard should apply to Title VII retaliation claims.  In University of Texas Southwestern Medical Center v. Nassar, Justice Kennedy wrote for the majority, which held that claimants in reta
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Successful Trial for BurnsBarton

On May 23, 2013, a jury of 8 ruled in favor of United Parcel Service in a case defended by attorneys C. Christine Burns and David T. Barton. The plaintiff, a current UPS employee, alleged that UPS retaliated against him because he filed a charge of discrimination under the Americans w
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Comcast Decision May Help Employers Fend Off Class Action Claims

On March 27, 2013 the U.S. Supreme Court rendered its decision in Comcast Corporation v. Behrend, a decision that gives employers another weapon to defeat class certification.  The Comcast class action was brought by cable television subscribers who alleged that Comcast engaged in unl
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Phoenix Bans Sexual Orientation Discrimination in the Workplace

On Tuesday, the Phoenix City Council voted 5-3 to pass an amended ordinance prohibiting discrimination based on "sexual orientation," "gender identity or expression," and "disability." For private employers, this change in the law means they risk criminal penalties if they are found t
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FMLA Coverage Expanded for “Sons or Daughters” with Disabilities.

In January 2013, the Department of Labor clarified its definition of "son or daughter."  Now eligible employees may take leave under the Family and Medical Leave Act to care for an adult child who is incapable of self-care because of a mental or physical disability, regardless of how
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New Minimum Wage Rates for a New Year

The minimum wage will change on January 1, 2013 in several states and some municipalities. Where local minimum wage laws exceed the federal minimum wage, employers must follow the local law. In addition, most of these local laws require the employer to provide notice of the law. Conta
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