Corporate Law Report: Workplace Romances, FMLA Changes, California Tax News, and More
Do 'Love Contracts' Ease the Risks of Office Relationships?
In modern employment litigation, the employer’s ultimate goal is to prevail at summary judgment, thereby avoiding the expense of trial and the unpredictability of a jury. A recent decision from the Fourth Circuit Court of...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
Last week, Governor Brown signed legislation that adds a new component to the required AB 1825 sexual harassment training for supervisors. Starting January 1, 2015, AB 1825 anti-harassment training must also include training...more
On September 9, 2014, California Governor Jerry Brown signed A.B. 1443, which extends the state’s anti-harassment and anti-discrimination protections to unpaid interns.
Employers are now prohibited from discrimination...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
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
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
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
“Love is composed of a single soul inhabiting two bodies.”—Aristotle
“The quickest way to a man’s heart is through his chest.”—Rosanne Barr
Okay, so, in college I was good friends with this girl on the dorm...more
Originally published in the New York Law Journal on December 26, 2012.
The recent life-imitating-art headlines featuring illicit romantic affairs involving senior corporate and governmental leaders remind us that there...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
In This Issue:
- NLRB Continues To Set Sights On Healthcare Employers By Jim Kurek (Cleveland):
The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare...more
Today, most healthcare employers are sensitive to issues of workplace harassment, although the focus of that sensitivity is usually upon issues involving co-worker to co-worker and supervisor to subordinate conduct. It is...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 -
In Mann v. Staples, Inc., 2012 WL 3101310 (App. Div. August 1, 2012), a case argued by an attorney in Ogletree Deakins’ New York office, the New Jersey Appellate Division dismissed a female employee’s NJLAD discrimination...more
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
For employers, Cupid’s arrow only points one direction…..to the Company’s Sexual Harassment Policy. While Valentine’s Day may be a holiday to celebrate love and romance, it can quickly become an employer’s worst nightmare....more
For employers, Cupid’s arrow only points one direction…..to the Company’s Sexual Harassment Policy. While Valentine’s Day may be a holiday to celebrate love and romance, it can quickly become an employer’s worst nightmare. ...more
Sexual harassment claims often come from things you can't fully control. A rouge supervisor. An on-the-side workplace romance that goes bad. On top of that, you can't pick the employee who gets harassed and turns...more
Attached is a recent article that we published in the Legal Intelligencer that concerns romance at work and the problems it can present....more
Studio 54 was a nightclub in New York City with infamously loose rules related to sexual expression. Rumor has it that back-room rendezvous were the norm. Sabre/Dunder Mifflin’s Scranton office may be trying to give the club...more
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