Insights

The U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled that employers have a fiduciary duty to respond to employee inquiries regarding potential changes to employee benefit plans covered by the Employee...

Any employer contemplating closing a facility or terminating more than a handful of employees should be familiar with the provisions of the federal Worker Adjustment and Retraining Notification Act (“WARN”), which...

A California appellate court recently held that an employer may be liable for breach of the covenant of good faith and fair dealing for terminating the employment of an employee at will. Eysie v. Zacson Corporation, First...

The New Jersey Supreme Court recently issued a decision that limits the ability of employees to use of an employer’s customer list to set up a competing business, ruling that customer information may be protectible...

As the size of jury verdicts in employment cases – and especially employment discrimination cases – has continued to increase recent years (see What Damages Cap? Significant Jury Awards in Employment Cases in 1999), it...

On June 1, 2000, the New Jersey Supreme Court unanimously ruled that offensive messages posted on an electronic bulletin board may constitute harassment in the workplace, in violation of Title VII of the Civil Rights Act of...

For most employers, the specter of being held liable for substantial punitive damages in an employment discrimination case is cause for great concern, especially in light of the numerous substantial and highly-publicized...

The Pregnancy Discrimination Act (the “PDA”), enacted in 1978, provides that discrimination against an employee because of “pregnancy, childbirth, or related medical conditions” constitutes prohibited...

The U.S. Court of Appeals for the Second Circuit in New York has recently eased the burden to be met by an employee claiming a discriminatory failure to promote. Mauro v. Southern New England Telecommunications, Inc., 2000...

In recent years, employers have been faced with an ever-increasing number of employment discrimination claims, including claims for violation of Title VII, the Americans with Disabilities Act (“ADA”), the Age...