Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Publically Traded Companies Beware: An SEC Filing Can be Evidence of an Adverse Employment Action in a Claim of Retaliation

A Title VII plaintiff can prove retaliation using either the direct or indirect method. Under the direct method a plaintiff must prove (1) that she engaged in a statutorily protected activity; (2) that she was…

Can Employers Require Their Employees to be Vaccinated?

From January 1 to February 27, 2015, 170 people from 17 states and the District of Columbia were reported to have measles. On February 25, 2015, health official confirmed Illinois’ 15 th measles case in Cook County.…

Abercrombie Hijab Case Could Create “Damned if You Do, Damned if You Don’t” Situation for Employers

All reports and the transcript from Wednesday’s Supreme Court argument in the closely-watched Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. case seemed to reveal a Court that was…

DOL Extends FMLA Rights to Same-Sex Couples Nationwide

After the Supreme Court’s landmark 2013 ruling in United States v. Windsor found section 3 of the Defense of Marriage Act to be unconstitutional, there was significant uncertainty regarding an employer’s obligations…

Enforcing Your Workplace Violence Policy? Not So Fast, According to the NLRB

In what some may consider a stunning decision, the NLRB recently held in Care One at Madison Avenue, LLC, 361 NLRB No. 159, that an employer’s enforcement of its workplace violence policy violated its employees’…