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Workplace Bullying and The Law

Could Jonathan Martin successfully sue the Miami Dolphins and Richie Incognito for workplace bullying? Probably not. - For one reason or another, the existing array of legal claims do not cover much of what would be...more

California Employment Law Notes - March 2014

$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed - Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was...more

Wisconsin Law Designed To Hold Officers Accountable For Deaths In Police Custody Never Used

Back in 1981, Ernest Lacy died in the back of a Milwaukee Police Department (“MPD”) wagon. Even though police officers denied striking Mr. Lacy, the medical examiner found more than 30 cuts and bruises on his body. In...more

When Santa Is Naughty, Does He Give Himself a Lump of Coal?

If so, then Santa should be giving himself a nice chunk of West Virginia’s finest to burn in his stove this Christmas. According the Associated Press, recently, at a mall in Hingham, Massachusetts, Santa was barred from the...more

No Harassment, No Problem: Idaho Court Holds Harassing Comments May Still Support Liability for Negligent Infliction of Emotional...

A November 27, 2013 opinion from the Idaho Supreme Court reinstated a former Assistant Vice Principal’s claim seeking damages for negligent infliction of emotional distress. This decision highlights that allegedly harassing...more

Boys Will Be Boys? Dolphins Face the Tough Question of Where Locker Room Behavior Ends and Workplace Harassment Begins

There is no crying in football, but is there harassment? The Miami Dolphins, a National Football League (NFL) franchise, faces this question in the wake of a highly-publicized bullying scandal involving the Dolphins’...more

But it’s our locker room: What is acceptable behavior in the sports workplace?

The first week in November was a particularly interesting period in the National Football League, especially as it applies to what is acceptable behavior between football teammates and in a professional locker...more

California Employment Law Notes - November 2013

Employer Was Entitled To "Substantial Motivating Factor" Jury Instruction - Alamo v. Practice Mgmt. Info. Corp., 219 Cal. App. 4th 466 (2013) - In one of the first appellate opinions to consider the new jury...more

European Court confirms that an Estonian Internet news portal is responsible for defamatory comments posted by readers

In the case of Delfi AS v Estonia, the European Court of Human Rights (ECHR) upheld an Estonian domestic court decision to hold Delfi, one of the largest Estonian internet news portals, liable for defamatory comments posted...more

California Employment Law Notes - September 2013

Employer May Be Liable For Death Resulting From Drunk Employee's Automobile Accident - Purton v. Marriott Int'l, Inc., 218 Cal. App. 4th 499 (2013) - In December 2009, the Marriott Del Mar Hotel held its annual...more

Employment Law -- Aug 28, 2013

Employer Liable for Employee’s Drunken Car Accident – After He Got Home - According to a recent California appellate court decision, an employer can be liable for an employee who drank too much at a company party, made...more

Fenwick Employment Brief - August 2013

As this FEB went to publication, Governor Brown signed Senate Bill 292, which clarifies that sexual harassment claims under California’s Fair Employment and Housing Act do not require a showing of sexual desire. The...more

A Legal Guide To The Use Of Social Media In The Workplace

In This Issue: - Introduction - Social Media And The Employment Relationship - Wage And Hour Considerations - Discrimination Laws - Protected Activity Laws - Applicant Screening...more

ATS of the North? Canadian Court Allows Suit to Continue for Human Rights Abuses Committed Abroad

The Superior Court of Justice of Ontario’s recent ruling in the matters of Choc v. Hudbay Minerals Inc., Caal Caal v. Hudbay Minerals Inc., and German Chub Choc v. Hudbay Minerals has signaled a willingness by Canadian courts...more

Company Parties Or Legal Nightmares?

The summer provides a great opportunity for employers to host company parties for the whole office to enjoy....more

Washington State Supreme Court Rules that Immigration Status Can’t Be Used in Civil Cases

In a landmark decision by the Washington State Supreme Court, a person’s legal status in the country cannot be brought up by attorneys in civil cases, allowing immigrants to pursue legal claims without fear of reprisals from...more

NJ Supreme Court Clarifies Employee “Protected Activity”

The ruling provides guidance as to what employee conduct is protected under the antiretaliation provisions of two key state laws. On July 17, the Supreme Court of New Jersey issued a decision in Battaglia v. United...more

Retaliation Under Title VII Must Be Proven Under Traditional “But For” Causation Doctrine

Where a person seeks compensation for injury resulting from wrongful conduct, there must be a demonstrated connection between the wrong alleged and the injury — i.e., causation. The default rule, developed in connection with...more

“Supreme Court Limits ATS Litigation—But Door Remains Slightly Ajar”

In Kiobel v. Royal Dutch Petroleum Co., 133 S.Ct. 1659 (2013), the United States Supreme Court addressed the applicability of the Alien Tort Statute (“ATS”) to alleged violations of international law committed by...more

New Texas Statute Limits Employer Liability for Negligent Hiring and Negligent Supervision…Or Does It?

When it comes to conducting criminal background checks, employers have long been faced with a double-edged sword. If an employer fails to use criminal background checks to screen job applicants, the employer could face a...more

Waco grandfather sues city after police officer shoots him in the hand

A Waco man sued the city last week after a police officer shot him in the hand according to Hissey Kientz, LLP, the family's attorneys....more

New Texas Law Protects Employers from Negligent Hiring and Supervision Claims

On June 14, 2013, the governor of Texas signed HB 1188 to limit liability for negligent hiring and supervision of employees with criminal convictions....more

What Might Liability under the ATS Look Like Post-Kiobel?: The Example of Private Contractors

Following the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum a number of questions remain as to whether corporations may be held liable under the Alien Tort Statute (“ATS”) for serious violations of human rights....more

Should California Provide Drivers' Licenses Regardless of Immigration Status? A public safety and uninsured-motorist perspective

Woodland Hills personal injury attorney and Uninsured/Underinsured motorist expert Barry P. Goldberg contends that regardless of whether one sides with various liberal immigration policies or stricter (yet seldom enforced)...more

Retail Industry Update, No. 2, June 2013: Handling Misconduct By (Someone Else's) Employees

In “Legally Blonde,” Reese Witherspoon’s hairdresser catches the eye of her crush, the sexy delivery driver. In spite of starting with an awkward misfire with the hairdresser smacking the delivery driver in the nose, the...more

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