Labor Days

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

Sixth Circuit Finds that Verbal Demand to Supervisor to Cease Harassing Behavior is Protected Activity Under Title VII

Most practitioners know that Title VII prohibits retaliation against any employee because he or she “opposed any practice made an unlawful employment practice [by the statute].” Title VII does not define “oppose,” but…

After Second Circuit Decision, Oral Complaint to Employer May Support FLSA Retaliation Claim

Under the federal Fair Labor Standards Act ("FLSA"), it is unlawful “to discharge or in any other manner discriminate against any employee because such employee has filed any complaint … related to” the FLSA.…

NYC Bans Credit Background Checks

On April 16, 2015, New York City became the twelfth jurisdiction in the country to bar the use of credit background checks in hiring and employment decisions. The New York City Council passed Intro-261-A, informally…

A “Common Sense” Victory for Employers – The Ford Telecommuting Decision is Reversed

On April 10, 2015, the 6 th Circuit reached what many believe is the right decision and reversed its much–debated decision in EEOC v. Ford Motor Co., 752 F.3d 634 (6 th Cir. 2014) from April 2014 – which had held that…

A Victory for Kleiner Perkins Should Still be a Red Flag for All Employers – “It’s All About Your Culture”

As was discussed on Fox Business News’s Willis Report, Friday’s jury’s verdict in California rejecting Ellen Pao’s claims of gender discrimination and retaliation was undoubtedly a huge victory for the venture capital…