Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

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BREAKING: FMLA “Spousal” Rule On Hold For Now

The new rule defining “spouse” for purposes of leave under the Family and Medical Leave Act was set to take effect today. But a federal judge in Texas yesterday temporarily blocked the rule from going into effect after...more

3/30/2015 - DOMA Employee Rights FMLA Preliminary Injunctions Same-Sex Marriage Spouses US v Windsor

Hang Tight, Employers — EEOC’s Proposed Wellness Rule Is At The OMB

The EEOC’s much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way....more

3/24/2015 - ADA EEOC GINA Proposed Regulation Wellness Programs

A Conversation About Race

I start my new job as a Starbucks barista tomorrow. I am super-excited!!!!! I just hope I can handle the fast pace!...more

3/23/2015 - Corporate Counsel Employer Liability Issues Starbucks

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

3/16/2015 - ADA Adverse Employment Action Burden of Proof Discrimination EEOC Free Speech NLRA Protected Concerted Activity Race Discrimination Retaliation Reverse Discrimination Title VII

“State Of The Union” On Substance Abuse And The Workplace

Where are we these days with respect to mind-altering substances and the workplace? Here’s the latest, with the “substances” discussed in alphabetical order. This blog post is guaranteed accurate™ for at least the next five...more

3/6/2015 - ADA Drug & Alcohol Abuse E-Cigarettes Illegal Drugs Marijuana Medical Marijuana Reasonable Accommodation Tobacco Workplace Safety

This ‘n’ that from the world of the workplace

Religious accommodation, the Oscars, non-competes, social media, Brian Williams versus Bill O’Reilly, workplace violence, and inspirational employees — we have it all today! Here are some links about recent news and court...more

3/2/2015 - EEOC v Abercrombie Equal Pay Non-Compete Agreements Religious Accomodation Social Media Policy Twitter Workplace Violence

New FMLA Rule Will Give Rights To Same-Sex Spouses Based On “Place Of Celebration”

The U.S. Department of Labor announced today its Final Rule changing the definition of “spouse” in the Family and Medical Leave Act to include most same-sex married couples. I blogged about the proposed rule in June, and the...more

2/24/2015 - DOL Final Rules FMLA Same-Sex Marriage Spouses

Should An Employer Fight Unemployment? The Debate Continues . . .

You may remember that I stirred up some contentiousness a few weeks ago when I suggested that employers should not challenge unemployment claims except in the worst cases. ...more

2/20/2015 - Best Management Practices Hiring & Firing Termination Unemployment Benefits Willful Misconduct

You’ve Exceeded My Expectations, Valentine!

Maybe so, according to Rachel Feintzeig, who wrote in Tuesday’s Wall Street Journal, “Everything Is Awesome! Why You Can’t Tell Employees They’re Doing a Bad Job.” The idea is that many employers are getting away from...more

2/13/2015 - Best Management Practices Employer Liability Issues Performance Reviews Poor Job Performance

Faruqi Sex Harassment Trial: It’s A Wrap!

As you may have seen, the jury in Marchuk v. Faruqi came back yesterday with a verdict for plaintiff Alexandra Marchuk, but it will not allow her to retire, nor will it even pay off her law school student loans....more

2/9/2015 - Jury Awards Law Firm Associates Law Firm Partners Marchuk v Faruqi Sexual Harassment

Faruqi Sex Harassment Verdict Is In! Marchuk Wins, To An Extent.

Law360 reports this afternoon that the jury returned a verdict for Alexandra Marchuk and against defendants Faruqi & Faruqi, LLP, and partner Juan Monteverde. The jury awarded her $90,000 in actual damages, and punitive...more

2/6/2015

Feb. 3 At Faruqi Sex Harassment Trial: It’s Up To The Jury Now

In closing arguments, the attorney for the defendants called Ms. Marchuk a “wolf” and said she had made up her allegations to get money. Among other things, he noted that her gynecologist, who she saw only a few days after...more

2/5/2015 - Employer Liability Issues Marchuk v Faruqi Sexual Harassment

Jan. 29 At Faruqi Sex Harassment Trial: Your Honor, Please Reconsider!

As expected, Law360 reported on Thursday that Plaintiff Alexandra Marchuk has asked Judge Alvin Hellerstein to reconsider his ruling that Nadeem Faruqi and Lubna Faruqi, co-founders of the New York law firm Faruqi & Faruqi,...more

1/31/2015 - Defamation Marchuk v Faruqi Motion for Reconsideration Retaliation Sexual Harassment

Employers, Don’t Be Caught In The “Bogus RIF” Trap!

I was disappointed earlier this week to see a consultant quoted in an otherwise good article in the Wall Street Journal – “Employee Theft Often Leads Small Firms to Make Bad Choices” — as advising the “bogus RIF” strategy...more

1/30/2015 - Discrimination EEOC Employer Liability Issues Involuntary Reduction in Force Termination Theft

Jan. 28 At Faruqi Sex Harassment Trial: The Defense Rests.

Yesterday, Mr. Monteverde testified more about the blood-stained carpet, saying he had not noticed the stains until Ms. Marchuk told him the following Monday that she had been injured during their sexual encounter in the wee...more

1/29/2015 - Counterclaims Employer Liability Issues Law Firm Associates Law Firm Partners Marchuk v Faruqi Sexual Harassment

Jan. 27 At Faruqi Trial: No “Spoliation” Of Blood-Stained Carpet, Judge Says

January 27 at the Marchuk v. Faruqi sexual harassment trial: Judge Alvin Hellerstein has denied Alexandra Marchuk’s request for an adverse inference instruction based on Faruqi’s destruction of the alleged blood-stained...more

1/28/2015 - Employer Liability Issues Evidence Law Firm Associates Law Firm Partners Marchuk v Faruqi Sexual Harassment Spoliation

Jan. 26 at the Faruqi sex harassment trial: NSFW!

PARENTAL ADVISORY: This is testimony in a sexual harassment case, so it’s necessarily NSFW (Not Suitable For Work. Unless you’re an employment lawyer or HR professional, in which case it’s AIADW (All In A Day’s Work).)...more

1/28/2015 - Adverse Inference Instructions Employer Liability Issues Evidence Law Firm Associates Law Firm Partners Sexual Harassment Spoliation

Two Big Sexual Harassment Cases: Where The Employers Went Wrong

The Marchuk v. Faruqi & Faruqi trial (daily updates here) is far from over, but that case, as well as one involving CRST Van Expedited in California, provide some valuable opportunities for us to learn from other employers’...more

1/23/2015 - Best Practices Commercial Truck Drivers Corporate Counsel Counterclaims Employer Liability Issues Employment Policies Law Firm Associates Law Firm Partners Popular Sexual Harassment Trucking Industry

BREAKING: Supreme Court Will Review States’ Right To Ban Same-Sex Marriage

The Supreme Court decided today to review the right of states to ban same-sex marriage. The Court granted certiorari in four cases, all from the Sixth Circuit (Kentucky, Michigan, Ohio, and Tennessee), whose U.S. Court of...more

1/19/2015

Two Thoughts On The Faruqi Sexual Harassment Trial

I hope that everyone is following the Marchuk v. Faruqi & Faruqi sexual harassment trial that is taking place as we speak in Manhattan. If you haven’t been, then now is the time to start!...more

1/15/2015 - Employer Liability Issues Evidence Hostile Environment Law Firm Associates Law Firm Partners Rainmakers Sexual Assault Sexual Harassment

What Do Employees Want? A Warm And Fuzzy Post

Yesterday morning, I tweeted a thought-provoking article by Travis Bradberry in Forbes on “Why Your Boss Lacks Emotional Intelligence.” According to the article (and no big surprise), a study found that people in higher...more

1/12/2015 - C-Suite Executives Corporate Culture Corporate Management

Year-End Employment Law Roundup — Happy 2015!

Happy New Year, everyone! While I’ve been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially noteworthy...more

1/2/2015 - Attorney's Fees EEOC Employer Group Health Plans FMLA Minimum Wage Religious Discrimination Wage and Hour Wrongful Termination Young Lawyers

Christmas Won’t Be Merry For These Employers!

Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas! ...more

12/22/2014 - ADA Adverse Employment Action Breach of Contract Discrimination Employer Liability Issues Harassment PDA Retaliation Wage and Hour

NLRB: Hot For The Holidays

The National Labor Relations Board is busy — the Board came out late last week with a decision saying that employees can have access to their employers’ email systems for organizing activities under most circumstances. ...more

12/17/2014 - Email NLRB Protected Concerted Activity Purple Communications Quickie Election Rules Union Elections Unions

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