by Phyllis Katz
Recently, when advising a client who was investigating a
complaint of sexual harassment, I had the opportunity to revisit the EEOC's
Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment
by Supervisors ...
By Adam R.
For employers in
Pennsylvania, 2012 was another eventful year in the world of wage and hour
law. Even in the absence of new federal legislation, a number of
noteworthy developments occurred at both the federal and state levels...
Recent reports have described more than one scenario in
which an employer violated the federal Fair Labor Standards Act because the
employer failed to recognize that non-exempt employees' hours worked over 40
The Supreme Court confirmed
that under the Civil Service Reform Act of 1978, final rulings of the MSPB in
specified cases are to be reviewed by the federal district courts. This EIA
concludes that the complicated facts of the case, coupled with the...
Wage and hour litigation is the fastest growing category
within employment law today. During the years 2003-2006 there were about 4,000
FLSA lawsuits filed. Now they are being filed at a rate of over 7,000 a year. A
Harris Interactive survey says that...
I will wait to draft the detailed post once the Supreme
Court has actually ruled, but for those who are following SCOTUS oral
arguments, one of the big employment cases of this term was heard on Nov. 25.
Here is what you need to know about Vance v...
Is "right to work" an emotional topic in
Michigan? Consider the headline on the front
page of the Sunday Detroit Free Press---- Right to work: the battle
for Michigan's soul. For the second time in two months, Michigan residents
Suppose that an employer in New York State has decided
(for a legitimate, nondiscriminatory reason) to end its working relationship
with a particular worker. Is the employer best off firing the worker outright or, instead, offering the worker
"Well, blow me down. Wimpy inspires a UK
fast food chain,
and all I get is this crappy can. Why I oughta... "
In anticipation of the current flu season, you decided to
mandate that all employees get immunized. The problem is that one...
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...
Happy new year, everybody! Although I've been on
vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have
a few items to catch you up on.
"Near occasion of sin" is a
legitimate ground for termination, Iowa court...
Recently, Proskauer Rose published the results of its
second survey covering social media in the workplace. Social Media in the Workplace Around the World 2.0 [pdf]
questioned 250 multinational businesses on their social media policies and
With the National Hockey League season in jeopardy, I imagine that Canadians are a fairly ornery bunch these days.
Even further north, hockey fans too are in turmoil. Reports from the North Pole have Mrs. Claus moping around. Morale amongst Santa's...
The Florida Commission on Human Relations is the state equivalent of EEOC. In order to sue under the Florida Civil Rights Act, you must first file a Charge of Discrimination with them and let them investigate. They have a deal with EEOC that, if you file...
One of the side effects of attending law school is a constant urge to search for legal issues everywhere . So, when a friend sent me this Metzger Cartoon (go ahead, click it and a one panel comic will pop up), I immediately questioned whether Santa was...
Employers' Ban-the-Box initiatives are taking hold in many states and municipalities. The City of Wilmington has joined the ranks of employers no longer requiring information on an applicant's criminal history at the time of job application. Mayor...
Michigan is poised to become the 24th state to enact a
right-to-work law . These laws prohibit agreements between labor unions and
employers that require employees to pay union dues as a condition of their
employment, whether or not the employees are...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court unanimously
ruled Dec. 10 that a federal employee claiming that an agency action
appealable to the Merit Systems Protection Board (MSPB) violates an
antidiscrimination statute in 5 U.S. Code...
Remember that Supreme Court decision involving alleged
retaliation based on an oral complaint of violation of the Fair Labor Standards
Act? The plaintiff in the case is now going to get a jury trial.
In its 2011 decision in Kasten v.
*** Googles "sans," wipes brow while sighing in relief ***
I'm not aware of any studies or surveys that the Sandbar Mexican Grill conducted on this subject. Instead, I imagine something like this:
Sandbar Customer: "Two please...
Lawyers' use and misuse of social media is, as many readers know, a topic that I love. Although it's been a while since I posted about a lawyer's social-media "fail," it certainly isn't because of a lack of potential stories...
Did you hear the latest story about 150 people fired for not getting a flu shot? That's right. An employer fired 150 healthcare workers the day before Thanksgiving (doesn't this story keep getting better?) because they mandated each and every...
Whether you "like" it or not, social media is changing the legal landscape of employee privacy rights at a rapid pace. On September 27, 2012, California Governor Jerry Brown signed into law AB 1844 , which prohibits employers from requiring...
Let's say an employee sues you, claiming that you
withheld certain wages owed under the Fair Labor Standards Act. In addition to
defending the lawsuit, you make her what is called an "offer of judgment" to
make her whole for all wages...
WASHINGTON, D.C. - (Mealey's) An employer's offer of judgment in an
amount representing alleged unpaid wages plus attorney fees, costs and
expenses under Federal Rule of Civil Procedure 68 to an employee who brought a
collective action under...