Rigid Leave Policies - A Formula for
Companies often maintain a policy that provides that
employment will terminate if an employee fails to return from a medical leave
of absence within a given period of time. Generally, those periods appear to be
By: Heather Kofron
In a matter of first impression, the Fourth Circuit
recently found in EEOC v. Cromer Food Services, Inc., that the employer had
actual or constructive knowledge of harassment of its employee by one of its
biggest clients and that the employer failed to take corrective action...
On May 6, 2011, after an eight-day hearing, an
arbitration panel of the Financial Industry Regulatory Authority, Inc.
("FINRA"), sitting in Philadelphia, Pennsylvania, held that a discharged broker
of Bank of America Corp. ("BAC")'s Merrill Lynch, Pierce, Fenner &
The role of social media in the workplace has taken
center stage over the past couple months as the National Labor Relations Board
has issued numerous complaints against union and non-union companies alleging
violations of Section 7 of the National Labor Relations Act. The complaints
Anti-Gay Harassment Claims Need to Be
John L. Litchfield
The employee in EEOC
v. Cromer Food Services, Inc. , brought a harassment claim
complaining his employer failed to protect him from regular anti-gay harassment
by two individuals who were not co-workers...
I read on the Connecticut Employment Law Blog that your state legislature
passed its controversial paid sick leave bill . Your Governor
supports the measure and is expected to sign it. Beginning January 1, 2012, the
law will mandate that many of your state's employers with...
A highly sensational case filed recently against the
prestigious Sidwell Friends
School in Washington, D.C., may end up raising interesting legal questions
about the responsibility of private schools to supervise the actions of their
school psychologists. In the $10 million civil suit filed in D...
By: Eliot Norman
The Audits. As reported by the Wall
Street Journal and other major news media, ICE served Notices of Inspections
for audits of I-9 records on 1000 employers yesterday. This is part of an
ongoing administration effort to require employers to comply with the I-9 basic
On this edition, Ashley Kasarjian of Snell & Wilmer's Phoenix, AZ office, discusses the increase in employment-related class actions, recent major wage and hour class action settlements and verdicts and the differences between class actions and collective actions. Copyright© 2010 LexisNexis...
Court's Decision Clears Way For New Jersey Bills
Which Would Require Employers To Use E-Verify
The federal Immigration Reform and Control Act of 1986
(the "ICRA") preempts "any State or local law imposing civil or criminal
sanctions ( other than through licensing and similar...
Finally - A Little Good News From the Supreme
Court for Employers
Daniel A. Kaplan
The decisions from the United States Supreme Court have
been less than friendly to employers during the past several years. The
expansion of retaliation claims and what may support such claims are a prime...
Visit the Ohio Employer's Law Blog, written by Jon Hyman, for practical employment
law information .
There is perhaps no issue more important to the topic of
hiring in the 21st century than social media. Yet, yesterday the EEOC held a
public meeting entitled, " Disparate
Treatment in 21st Century Hiring Decisions ," and completely ignored this key
In fact, it's hard to find...
This week the US Supreme Court decided the case of Wal-Mart Stores, Inc. v. Dukes , 2011 WL 2437013 (June 20, 2011), a case up on appeal after the Northern District of California and the Ninth Circuit Court of Appeal certified a nationwide class of 1.5M female employees seeking injunctive relief, declaratory...
During Governor Arnold Schwarzenegger's term in office, very few employment- related bills were signed into law. That trend changed dramatically under Governor Jerry Brown, who recently signed a plethora of employment-related bills passed by the California State Legislature. The new laws, most of...
Let's start with the obvious: it is illegal in Ohio for an employer to discriminate against an employee because of the employee's disability. It is not always easy to figure out who this proscription covers, because Ohio's statute (R.C. 4112) and the federal statute (the ADA) have their own...
Any decision issued by the Supreme Court in an employment case is newsworthy. Thus, even though Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC [pdf] concerns the viability and applicability of the narrow ministerial exception under Title VII, it is still worthy of discussion.
In Christopher et al. v. SmithKline Beecham Corp., d/b/a Glasxosmithkline , 567 U.S. ___ (2012), No. 11-204, decided June 18, 2012, the U.S. Supreme Court, in a 5-4 decision, ruled that certain drug sales employees are to be treated as "outside salesmen" under the Fair Labor Standards Act ...
On July 30, 2012, an Assistant Secretary of the U.S. Department of Labor issued an advisory and guidance to federal contractors concerning the applicability of the Worker Adjustment and Retraining Notification Act (WARN Act) to possible layoffs occasioned by federal government sequestration on January...
On September 14, 2012, the President's Office of Management and Budget released a report on what the estimated impact of sequestration pursuant to Sequestration Transparency Act, as mandated by the Budget Control Act of 2011, would be on January 2, 2013, should the Congress not agree upon a budget...
I have previously blogged about instances in which pregnant women have unsuccessfully sued their employers for discrimination . However, if the Pregnant Workers Fairness Act , which was introduced into the Senate on September 19, 2012 by U.S. Senators Bob Casey (D-PA) and Jeanne Shaheen (D-NH) is passed...
by William J. Brutocao
When an employee decides to
quit his job and go into competition with his employer, either by setting up a
new enterprise or by working for a competitor, what part of his employer's
information can he take with him? Turning that question around, what
MEDIATION / CONFIDENTIALITY
Benes v. A.B. Data, Ltd., 2013 U.S. App. LEXIS 15270 (7th Cir. Wis. July 26, 2013)
Are mediations really confidential?
The facts as set forth in the opinion are that Benes was an employee who sued his employer after only for four months on the job, alleging sex discrimination...
By D. Earl Baggett and J. Nelson Wilkinson
On January 1, 2014, it became illegal for Rhode Island employers to ask about criminal convictions on job applications. Employers in that state now face civil rights charges, monetary damages, and even liability for attorney’s fees if they attempt to...
This regularly-updated summary of recent Employment Law decisions and Human Resources insights provides updates on anti-discrimination laws, leave laws, National Labor Relations Board decisions, and some state authority (the author lives in Albuquerque, New Mexico – 10 th Federal Circuit). The...