Constangy, Brooks & Smith, LLP • March 07, 2014
Employees who sue their employers and then settle -- can we talk?
Littler Mendelson, P.C. • March 05, 2014
On February 7, 2014, the Chicago District Office of the Equal Employment Opportunity Commission brought suit in the U.S. District Court for the Northern District of Illinois against CVS Pharmacy, Inc., claiming that a severance agreement used by the company violates Title VII of the Civil Rights Act of 1964 because it is “overly broad, misleading and unenforceable....” Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., civil action no. 14-cv-863 (N.D. Ill., February 7, 2014). This ASAP will address the background to this lawsuit, describe the EEOC’s new and aggressive position toward severance agreements, and provide recommendations for employers.
Fisher & Phillips LLP • March 04, 2014
On January 21, a federal appeals court addressed whether an employee terminated by group decision (six managers) can be considered “similarly situated” to employees who were disciplined less severely by a different decisional group, consisting of some but not all of the same managers. Reversing the summary judgment decision of a Wyoming trial court, the U.S. Court of Appeals for the 10th Circuit stated:
Constangy, Brooks & Smith, LLP • March 03, 2014
A few weeks ago, we issued a client bulletin by David Phippen entitled, "Can Your Employment Policies Survive the NLRB?" Now it appears that severance agreements will have to survive the Equal Employment Opportunity Commission as well.
Young Conaway Stargatt & Taylor, LLP • March 03, 2014
When considering whether to settle a lawsuit filed by a current or former employee, many of my employer clients have serious doubts about the usefulness of a confidentiality provision.
Nexsen Pruet • February 20, 2014
On February 7, 2014, the Equal Employment Opportunity Commission (EEOC or Commission) sued CVS Pharmacy Inc. in federal court in Chicago to invalidate the company’s standard severance agreement. The lawsuit raises concerns because it attacks language that employers commonly use in severance agreements.
Ogletree Deakins • February 11, 2014
The statute that among many other things marked the beginning of employment law as a discipline, passed a major hurdle 50 years ago today when it passed the House of Representatives by a vote of 290 to 130.
Ogletree Deakins • January 20, 2014
Can transferring an employee into a position for which he had applied nine months earlier be viewed as an “adverse employment action” sufficient to support a claim of discrimination? (HINT: Don’t bet your paycheck on this one.)
Ogletree Deakins • January 13, 2014
The First Circuit Court of Appeals recently took an expansive view of the type of evidence that is sufficient to raise a genuine issue of material fact to defeat an employer’s motion for summary judgment in a wage and hour case. Specifically, in Travers v. Flight Services & Systems, Inc., No. 13-1438 (1st Cir. Dec. 12, 2013) the court considered the evidence needed to defeat a retaliation claim brought under the Fair Labor Standards Act (FLSA).
Phelps Dunbar LLP • January 09, 2014
In EEOC v. Mach Mining, LLC, No. 13-2455 (7th Cir. Dec. 20, 2013), the Seventh Circuit held that employers may not defend against an EEOC-filed lawsuit by claiming that the EEOC failed to comply with its statutory obligation to conciliate in good faith.