Employers Cannot Turn a Blind Eye to Harassment by Its Customers, Clients or Independent Contractors

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...

FINRA Arbitrators Hold That Terminated Merrill Lynch Broker Need Not Pay Merrill $3.3 Million Owing Under Promissory Note

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 & Smith...

Lessons Learned From Twitter and Facebook: The Dangers of Overbroad Social Media Policies

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 clearly signal...

Foley & Lardner Labor and Employment Law Weekly Update (Week of June 6, 2011)

Anti-Gay Harassment Claims Need to Be Investigated By John L. Litchfield The employee in EEOC v. Cromer Food Services, Inc. , brought a harassment claim under Title VII , complaining his employer failed to protect him from regular anti-gay harassment by two individuals who were not co-workers...

A Love Letter to Connecticut (or, a Modest Proposal To Bring Jobs to Ohio)

Dear Connecticut, 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...

Sidwell Friends Grad Says School Permitted Sexual Affair

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...

Williams Mullen Alert: Nationwide Immigration Crackdown on Employers: 1,000 "Silent" Raids and Audits on June 15th

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 requirements...

An Employment Class Action Update with Ashley Kasarjian.

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...

U.S. Supreme Court Upholds Arizona Law Which Revokes Business Licenses Of Companies Which Intentionally Employ Illegal Immigrants

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...

Foley & Lardner Labor and Employment Law Weekly Update (Week of June 20, 2011)

Finally - A Little Good News From the Supreme Court for Employers By 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...

Ohio Employer's Law Blog

Visit the Ohio Employer's Law Blog, written by Jon Hyman, for practical employment law information .

EEOC Holds Public Meeting on 21st Century Hiring Discrimination … and Misses the Biggest Issue

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 issue. In fact, it's hard to find...

Title VII and Federal Rule 23

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...

Employers: Be Ready for New California Employment Laws that will Will Take Effect on January 1, 2012

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...

Disability Discrimination Law in Ohio is a Mess

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...

Supreme Court finds religion, dismisses discrimination lawsuit

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. Hosanna...

Supreme Court Rules Drug Company Sales Employees Are Not Entitled to Overtime Pay

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 ...

Would the WARN Act Apply in the Event of a Federal Budget Sequestration?

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...

President Obama Details Possible Cuts to Federal Spending under Budget Control Act of 2011

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...

BILL INTRODUCED IN SENATE WILL PROVIDE PROTECTIONS TO PREGNANT WOMEN IN THE WORKPLACE

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...

Does the California Uniform Trade Secrets Act Preempt a Common Law Breach of Loyalty Claim?

by William J. Brutocao Excerpt: 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 information...

Are Mediations Really Confidential?

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...

Williams Mullen: ‘Ban the Box’ Ascendant: States Increasingly Restricting Applicant Criminal Record Inquiries

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...

Employment Law BELIEVE IT OR NOT!

Oddities, weirdness, and the strange and unusual from the world of employment law. I thought only elephants had two-year pregnancies. As I’ve discussed here before , “pregnancy” for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine...

Employment Law and Human Resources Cumulative Case Briefs

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...