By: John B. Zappone
Standing seems like a straightforward concept—the plaintiff must suffer an injury in fact fairly traceable to the defendant’s challenged conduct for which the court can provide redress. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992). But what is “fairly traceable” is not so straightforward in cases involving... Read MoreBy: Hannah M. Franke
On February 11, 2026, Congresswoman Sarah McBride (DE-At-Large) and Congresswoman Anna Paulina Luna (FL-14) introduced bipartisan legislation, the Flexible Leave Act (H.R. 7505), proposing notable updates to the Family and Medical Leave Act (29 U.S.C. 2612 (b)) (“FMLA”). Aimed at making job-protected leave more accessible for today’s workforce, the Flexible... Read MoreBy: Gaetan J. Alfano , Mark T. Sottile
Employment discrimination lawsuits are almost invariably triggered by an “adverse action.” The standard burden-shifting framework for a plaintiff to prove her prima facie Title VII discrimination case reads: A plaintiff must present sufficient evidence that she was: 1) a member of a protected class; 2) qualified for the position; 3)... Read MoreBy: Mark T. Sottile , Joshua D. Hill
Here is yet another reason why employers should have written policies, including with respect to employees who separate from employment, whether through resignation or termination. In a case of first impression under the Computer Fraud and Abuse Act ( “CFAA”), the Third Circuit vacated a CFAA conviction and held that... Read MoreBy: Mark T. Sottile
The short answer is probably not. Performance improvement plans or PIPs are an effective tool to document an employee’s work issues, establishing constructive goals over a set time frame. Ideally, the employee improves their performance and works with newfound success. Employee redeemed. Lawsuit averted. If the employee fails to correct... Read More