Corporate Law Report: Workplace Romances, FMLA Changes, California Tax News, and More
Do 'Love Contracts' Ease the Risks of Office Relationships?
Not every offensive act in the workplace constitutes actionable harassment under Title VII. In order to rise to the level of a hostile and offensive working environment, the conduct must be sufficiently severe and pervasive...more
On April 29, 2014, the United States Court of Appeals for the Fourth Circuit’s ruling of Freeman v. Dal-Tile Corp., No. 13-1481, 2014 WL 1678422 (4th Cir. Apr. 29, 2014) addressed third-party harassment.
The Court held...more
Do your employees know your policies? Are you absolutely sure they understand how they can treat – and how they cannot treat – their fellow employees? Well according to some new research, it’s more critical than ever that you...more
Each year usually starts with a lot of resolutions and good intentions that fall by the wayside, mostly for lack of a plan. One resolution of all employers should be to update their policies and practices to comply with the...more
This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment."
The United States Court of Appeals for the Fifth Circuit recently...more
As we reported last October, a federal court in New York found that an unpaid intern could not bring a hostile work environment sexual harassment claim pursuant to the New York City Human Rights Law (“NYCHRL”). (Wang v....more
It has been a long time since the 1991 Clarence Thomas Supreme Court confirmation hearings brought the issue of sexual harassment to the forefront of public consciousness. Hundreds of thousands of unlawful harassment claims...more
On November 6, 2013, the New Jersey Supreme Court granted certification in Aguas v. State of New Jersey, 2013 WL 1136115 (App. Div. Mar. 20, 2013), a pro-employer ruling on the issue of employer liability for sexual...more
The Miami Dolphins recently have come under intense scrutiny amid allegations that coaches encouraged defensive guard Richie Icognito to bully teammate Jonathan Martin in an effort to “toughen” him up. The alleged bullying...more
California law not only prohibits discrimination and harassment, it also requires certain employers (those that receive services from 50 or more persons, including both employees or independent contractors) to provide formal...more
The Court of Appeal’s decision in General Motors of Canada Limited v Johnson does not break any new ground in the law of constructive dismissal. But against the backdrop of Bill 168 (the Violence and Harassment in the...more
In recent years, many high-profile workplace-harassment lawsuits have grabbed headlines, complete with lewd and salacious allegations. Sexual harassment is indeed a form of gender discrimination and courts have issued many...more
It spread, as these things tend to do today, like a virus around 10 p.m. last night.
“None [sic] cares about you. Go kill yourself. Maybe you’ll succeed this time.”...more
In a significant decision issued on June 24, 2013, the U.S. Supreme Court held that employers are vicariously liable for unlawful harassment committed by a supervisor only if the supervisor is empowered by the employer to...more
Unless you are on a news media embargo, you have probably heard the news by now. The United States Supreme Court today issued a watershed ruling regarding the Defense of Marriage Act (DOMA), the law barring the federal...more
Mexico’s new Federal Labor Law (FLL) took effect on December 1, 2012. The reform seeks to modernize Mexico’s labor law. The new FLL’s major, employment related amendments include increased regulation of outsourcing jobs,...more
Usually employees complain about their managers, not the other way around.
In an interesting case, a group of managers, who complained that their workplace had been poisoned by the employer’s inaction in the face of...more
King Pyrrhus of Epirus defeated the Roman army in the battle of Asculum, but at great cost. His comment, “Another such victory would utterly undo me,” applies to employment litigation....more
Challenge: A “zero tolerance” stand against illegal workplace harassment is laudable in US domestic operations. But wildly differing harassment laws and standards abroad complicate an inflexible global approach to eradicating...more
Originally published in Westlaw Journal Employment (Volume 27, Issue 15), February 20, 2013.
Consider the following three scenarios:
Scenario one: Terrence worked as a flight attendant for Fly Right Airlines. While...more
In this report:
- I. Sustainable Innovations for a Changing Global Workforce
- II. Forging a Global HR Team to Align with a Global Business: Transparency and Integration
- III. Developing an Effective Global...more
In Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (Dec. 14, 2012), the National Labor Relations Board (NLRB) found that an employer violated section 8(a)(1) of the National Labor Relations Act (NLRA) by firing five...more
An Ontario arbitrator has found that an employer violated Bill 168 which introduced workplace violence provisions into Ontario’s Occupational Health and Safety Act....more
Our latest Corporate Law Report includes a look at how to deal with office relationships, changes to FMLA rules to benefit veterans, an unfortunate tax development for investors in certain California business, and other...more
Every year around Valentine's Day employers are reminded of the risks surrounding workplace romances - but of course this is a tricky issue that exists all year long. Can a "love contract" - an HR document signed by both...more
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