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Regular Attendance is Essential Even if Employer was Lenient in the Past, Fifth Circuit Holds

An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the Fifth Circuit has held. Weber v. BNSF Railway Co., No. 20-10295 (5th Cir. Feb. 24, 2021). This provides guidance for employers unsure whether … Continue Reading

2021 Is Here: Time for Your Annual Employment Law Compliance Checkup

The year 2020 is finally behind us!  We might not be able to breathe a sigh of relief just yet but the beginning of a new year is still a good time to pause and review your labor and employment law compliance for the year.  COVID-19 is still with us and demanding our attention but … Continue Reading

Federal Courts Issue Guidance for Jury Trials During COVID-19: What Litigators Need to Know

The U.S. Courts’ COVID-19 Judicial Task Force has released guidance on conducting jury trials and convening grand juries during the pandemic. The task force’s guidance, released on June 4, 2020, makes clear that each tribunal will ultimately set its own rules for jury trials after considering things like location, budget, and physical facilities. Highlights from … Continue Reading

Jury Enters Sexual Harassment Verdict in Favor of Plaintiff; Awards No Damages

A jury in the Northern District of Georgia recently entered a verdict in favor of the plaintiff in a sexual harassment case, yet awarded her no damages. In Furcron v. Mail Centers Plus, LLC, a former mailroom clerk, Myra Furcron, sued her former employer, Mail Centers Plus, LLC, for sexual harassment as a result of … Continue Reading

2018 New Year’s Resolutions For Lowering the Risk of Employment Litigation

When Jackson Lewis litigation attorneys looked back at cases, trials, and verdicts from the past year, we observed how companies can make themselves less of a target for claims.  Below are some New Year’s resolutions that can help lower the risk of employment litigation: Train managers. Train employees. Keep a record of the training, including who attended. Review EEO laws and … Continue Reading

Company Defeats $6 Million Whistleblower Claim at Trial

A California jury in Superior Court of the State of California, County of Los Angeles, has ruled against an avionics technician, who filed a $6 million whistleblower claim against SpaceX – Elon Musk’s rocket startup company. Blasdell v. Space Exploration Technologies Corp., et al., No. BC615112. Plaintiff Jason Blasdell alleged that his employment with SpaceX … Continue Reading

Jury Awards $6.45 Million To Two Plaintiffs for Hostile Work Environment Claims

A jury in the Northern District of Illinois has awarded two plaintiffs $6.45 million in damages, $6 million of which was allocated to punitive damages, clearly signaling that, regardless of statutory caps, juries do not look favorably upon employers who ignore employee complaints of sexual harassment. In Davis v. Packer Engineering, Inc., No. 1:11-cv-07923, Danya … Continue Reading
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