Searching Content indexed under Employment Litigation/ Tribunals by Eve Klein ordered by Published Date Descending.
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NLRB Finds Work Rules Barring "Negativity" Unlawful
The National Labor Relations Board ("NLRB" or the "Board") ruled on April 1, 2014, that a hospital's work rules barring "negativity" and requiring employees to represent their employer "in the community in a positive and professional manner" violated federal labor law.
United States
8 Apr 2014
U.S. Supreme Court Broadens Employer Liability by Upholding "Cat's Paw" Theory in Employment Discrimination Case
In "Staub v. Proctor Hospital", the U.S. Supreme Court upheld the "cat's paw" theory, deciding that an employer can be held liable for the discriminatory bias of an employee who influenced the employment decision, even if that employee did not make the ultimate decision.
United States
20 Mar 2011
Supreme Court Broadens Scope of Title VII Anti-Retaliation Provision to Include Employees with Close Relationships to Employee Engaging in Protected Activity
On January 24, 2011, the U.S. Supreme Court issued an 8–0 decision in "Thompson v. North Am. Stainless, LP", holding that a male employee who claimed he was fired because his fiancée filed a sex discrimination charge against their mutual employer may pursue a retaliation claim against his employer under Title VII of the 1964 Civil Rights Act (Title VII).
United States
22 Feb 2011
Supreme Court Concludes Employer Had Legitimate Interest in Reviewing Employee's Text Messaging
In an opinion released June 17, 2010, the U.S. Supreme Court concluded—in "City of Ontario, Cal. v. Quon"—that a governmental employer had a legitimate interest in reviewing the text messages that an employee sent during working hours from his employer-provided pager, and that the employer's review of such messages did not violate the employee's Fourth Amendment rights.
United States
30 Jun 2010
California Supreme Court Rules "Kin Care" Law Inapplicable To Leave Plans Providing Unlimited Or Uncapped Paid Sick Time
California Labor Code section 233 states that employers providing employees with paid sick leave must allow employees to use, in any calendar year, the amount of sick leave that would be accrued during six months at the employees' then-current rate of entitlement, for care of an ill child, parent, spouse or domestic partner.
United States
11 Mar 2010
New Jersey Appellate Court Provides Guidance On How Company Email Policies Should Be Crafted
In light of a recent New Jersey appellate court decision, employers may want to review and update company email policies to ensure that employees are properly made aware that employers have the right to access and review certain private emails that may be generated through a company-sponsored computer system.
United States
23 Sep 2009
N.J. Appellate Court: Firing An Employee Suing The Company For The Appropriation Of Confidential Records Is Not Retaliation
For employers who have been involved in employee lawsuits, the situation where an employee confiscates company records for use in litigation against the company may be all too familiar.
United States
23 Sep 2009
An Eye On Workplace Harassment Liability In NYC
In recent months, a federal district court judge and a New York state court appellate judge have held that the New York City Human Rights Law (“NYCHRL”) should be more liberally construed than its federal and state counterparts, Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.
United States
10 Jun 2009
The Americans With Disabilities Act Amendments Require Employers To Promptly Review Policies And Procedures To Ensure Compliance With Employee-Favorable Revisions
On September 25, 2008, President George W. Bush signed into law legislation that substantially broadens the scope of disabilities covered under the Americans with Disabilities Act ("ADA").
United States
4 Nov 2008
N.Y.´s High Court Rules Executives Are Covered Employees Under Certain Labor Law Provisions - Court Also Addresses When Commissions Become Wages Subject To Protection
On June 10, 2008, New York's highest court issued an important ruling for New York employers, resolving unsettled issues involving the scope of protections afforded to executives under the Labor Law and when an employer may deduct business expenses from commissioned earnings.
United States
25 Jun 2008
Employment And Privacy Law Developments: Racial Association Under Title VII and Proposed FERPA Regulations
In a case of first impression before the U.S. Court of Appeals for the Second Circuit, the court held that an employer may violate Title VII if it takes action against an employee because of the employee's association with a person of another race.
United States
10 Apr 2008
What Did They Say? Deciphering When Remarks Are Evidence Of Discriminatory Intent Is A Difficult Task
A well-known expression says, “If it looks like a duck, quacks like a duck, and swims like a duck, it must be a duck.” One should not be misguided by simply relying upon this proverbial type of analysis when assessing an employer’s exposure in a discrimination case.
United States
21 Jan 2008
The NLRB Substantially Curtails Employees´ Ability To Use Email For Purposes of Union Solicitation
In a highly controversial decision, the National Labor Relations Board (the "Board") ruled 3 to 2 in favor of employers in its resolution of two important issues relating to the ability of employees to use email for union solicitation purposes.
United States
10 Jan 2008
Ruling on Enforceability Of Class Action Waivers In Arbitration Agreements May Impact Employers Nationally
Many employers routinely require new employees to sign binding arbitration agreements upon hire as a condition of employment. Such agreements must be mutual in application, and must meet other important criteria in order to be enforceable.
United States
24 Sep 2007
Recent Developments in Employment Law
On June 14, 2007, the U.S. Court of Appeals for the Second Circuit affirmed the district court's determination that statements made on an NASD Form U-5 are subject to an "absolute privilege" and therefore do not give rise to liability in a defamation lawsuit.
United States
26 Jul 2007
"Disparate Treatment" Under Title VII And The ADA
In a 5-4 decision, the United States Supreme Court held that the lasting effects of past discrimination are insufficient to "restart the clock" for filing an EEOC charge, thereby eliminating the possibility of employees filing pay discrimination claims against their employers based on pay decisions that were made years ago.
United States
13 Jun 2007
Your Employees May Qualify for Supervisory Status under the NLRA
The National Labor Relations Board (the "Board") recently issued three decisions defining what it means to be a "supervisor" that will have a tremendous impact in the formulation and maintenance of bargaining units in the healthcare industry, as well as in all unionized sectors.
United States
17 Oct 2006
Supreme Court Expands Scope of Unlawful Retaliatory Conduct
As employers well know, it is often management's response to a complaint of discrimination, rather than the underlying action complained of, which can lead to liability under the anti-discrimination statutes.
United States
7 Jul 2006
Recent California Decisions on Class Action Waivers
Class action litigation of employment-based claims commenced by disgruntled employees against their former employers have been a growing concern for employers across the country, but particularly in California where state statutes provide creative plaintiffs' lawyers with an array of options.
United States
10 Mar 2006
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