Corporate Law Report: Workplace Romances, FMLA Changes, California Tax News, and More
Do 'Love Contracts' Ease the Risks of Office Relationships?
Two big decisions in two days from the Supreme Court. Read on for details. Same-Sex Marriage is a Go! Today, the United States Supreme Court issued a monumental decision in Obergefell, et al. v. Hodges, et al.; Case No....more
On June 22, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute that extends workplace harassment, discrimination and retaliation protection to unpaid interns. Historically, it was unclear whether an...more
A recent labor arbitration decision illustrates that an employer can terminate an employee who uses social media to insult and threaten co-workers in violation of a workplace harassment policy.
This case arose when the...more
Maybe it’s just me, but workplace harassment issues seem to come in waves — I’ll go months, or even a year, without an issue, and then WHAM! everybody has a “situation,” or at least they need to get their preventive training...more
In This Presentation:
- What is Disruptive/Impaired Behavior?
- Main Impediments to Addressing Unprofessional Behavior
- Components of Successful Policies
- A Legal Perspective
- Joint Commission and...more
Last month, the Tennessee Supreme Court narrowed the definition of retaliation under state law. Less than one month later, the Sixth Circuit Court of Appeals (which has jurisdiction over Tennessee, Michigan, Ohio and...more
Creating a workplace culture where employees feel safe and respected means designing and implementing a workplace harassment prevention program that adapts to emerging issues.
In this presentation:
I. The Persistent...more
Do you have a comprehensive workplace harassment prevention program in place?
During our recent webinar, “Workplace Harassment is Evolving: Is Your Prevention Program Keeping Pace?,” we asked attendees whether they had a...more
In most circumstances, employers are vicariously liable for sexual or other harassment engaged in by their supervisors. Under the Supreme Court’s Faragher/Ellerth defense, employers can sometimes avoid liability for...more
The New Jersey Supreme Court recently ruled that an employer may assert an effective and enforced anti-harassment policy as an affirmative defense in cases brought against the employer alleging that a supervisor engaged in...more
A Craigslist conviction. The highest court in Massachusetts upheld the conviction under the Bay State’s anti-harassment statute of a couple who posted fake Craigslist advertisements that caused a great deal of trouble for...more
According to statistics collected by the Equal Employment Opportunity Commission, harassment charges have stayed relatively stable over the past three years, and the number of “cause” determinations has actually declined....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
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
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
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
Carrols Restaurant Group, Inc. (Nasdaq: TAST) today announced that its wholly-owned subsidiary, Carrols Corporation ("Carrols"), has entered into an agreement with the Equal Employment Opportunity Commission (“EEOC”)...more
On September 24, 2012, the “Healthy Workplace Act” (A3249) was re-introduced, seeking once again to make workplace bullying, abuse, and harassment unlawful. The law would dramatically increase employers’ potential liability...more
In This Chapter:
WORKPLACE HARASSMENT – WHY IT MATTERS -
II. THE DEVELOPMENT OF WORKPLACE HARASSMENT IN THE UNITED STATES SUPREME
III. HARASSMENT LAW IN THE FIFTH CIRCUIT AND TEXAS -
As Valentine’s Day approaches, here are some interesting facts for employers to consider: Statistics indicate that over 10 percent of married couples met at work. Almost a third of respondents in a recent survey by Monster...more
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