Managers

News & Analysis as of

More than Just a Fable – Why the “Cat’s Paw” Matters for Employers

The Fable - “The Monkey and the Cat” is a fable (dating back to the 17th century or perhaps earlier) about a monkey who persuades a cat to pull chestnuts from the embers of a fire, only to take the reward for himself...more

Four Strategies for Helping Employees Deal with Pressure and Stress at Work

How managers can help employees avoid unreasonable workplace pressure, which can lead to unethical behavior. A few of my recent focus groups with employees reminded me of a national survey that examined the sources and...more

Manager was not a “competent person” to conduct harassment / violence investigation under Canada Labour Code: Court

The Federal Court has held that a manager was not a “competent person” to conduct a workplace harassment investigation under the Canada Labour Code because the employee who filed the complaint had not agreed that the manager...more

NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary...more

In Employment Litigation, the Best Defense is a Good Defense

It’s a busy week in employment law. Yesterday, the U.S. Supreme Court case decided Young v. UPS — a case about pregnancy discrimination. I’ll have more on that case in an upcoming post. But in today’s post, my colleague Chris...more

Regional Director Issues First Post-Pacific Lutheran Decision

It did not take long for the fallout from the NLRB’s Pacific Lutheran University decision to begin. That decision, issued on December 16, 2014, announced new standards for (1) exercise of NLRB jurisdiction over...more

ArbG Solingen: Unternehmen muss Vorgesetztem trotz Missbrauchsverdachts nicht kündigen

Ein Arbeitgeber muss einen Manager, der einen anderen Arbeitnehmer sexuell missbraucht haben soll, nicht entlassen. Das entschied das Arbeitsgericht Solingen kürzlich (ArbG Solingen, Urt. v. 24.02.2015, Az. 3 Ca 1356/13). Der...more

The National Labor Relations Board Strikes Again – How Managerial Are Your Faculty and How Religious Is Your Institution?

In the latest example of dramatic changes to well-developed principles of federal labor law and policy, the National Labor Relations Board (“NLRB” or “Board”) issued its long awaited decision in Pacific Lutheran University,...more

UK Financial Institutions: Proposals for New Senior Managers and Certification Regimes

With a mandate from Parliament, the UK regulators are working on a new regime governing individuals in banks. The UK Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) published a joint...more

Focusing on the Disconnect: Mid-Level Managers and Handling of Employee Concerns

We all have heard the problem: Employees want to report their concerns directly to their immediate supervisors (unless the problem relates to the immediate supervisor); Mid-level managers complain that they do not know how to...more

Ginuwine Concerns for Management Contracts

Elgin Baylor Lumpkin (the performing artist better known as “Ginuwine”) is being sued by his former manager. For those familiar with the R&B star, one could make the (terrible) pun that he is being asked to “Pony” up dough...more

Stop Picking On Me: California Expands Required Managerial Training to Include Anti-Bullying

The Solution: Although the new law does not take effect until January 2015, employers should ensure that their managers receive training that encompasses both the previously required sexual harassment-related topics, as well...more

Editorial: Fla. Sets Strict Standard For Direct Shareholder Claims

Florida recently clarified the limited circumstances in which a corporate shareholder or limited liability company member has standing to bring a direct claim for damages relating to the company. On July 9, in Dinuro...more

Can You Replace Your Manager? Delaware Case Emphasizes the Importance of Carefully Considering LLC Agreement Provisions

Common sense might lead one to expect that a controlling stakeholder has the power to replace the manager of a limited liability company (LLC), but this might not be the case when the underlying LLC agreement provides...more

Implications of the New California LLC Act

On January 1, 2014, a new law governing limited liability companies (“LLCs”) went into effect in California. The California Revised Uniform Limited Liability Company Act (“RULLCA”)1 superseded in its entirety the prior...more

Poland Supreme Court Decision Regarding Representation of a Limited Liability Company

On April 24, 2014 the Supreme Court issued a decision resolving an unsettled issue with respect to the representation of a limited liability company: whether the grant of a power of attorney by the management board of a...more

Authorized Signors of Loan Documents

One of the threshold issues to consider in loan transactions is determining who is authorized to sign the loan documents on behalf of entity borrowers. This is important not only in cases where the entity is the borrower but...more

California’s Revised Uniform Limited Liability Company Act

A new California law governing limited liability companies became effective as of January 1, 2014. The California Revised Uniform Limited Liability Company Act (RULLCA) makes significant changes in the rights and...more

New Registration Requirements and Deadline for PRC Domestic PE Funds and Managers

Domestic Chinese private equity managers should take notice of new provisional regulations requiring registration of domestic Chinese private equity managers and filings with the Asset Management Association of China...more

Update of California Statutory Law – The California Revised Uniform Limited Liability Company Act – Lenders and Borrowers Beware

The California legislature recently enacted the California Revised Uniform Limited Liability Company Act which made some important changes to existing California law affecting both lenders and limited liability company...more

SEC Staff Provides Guidance on Aggregate Advisory Fee Condition for Multi-Manager Relief

The staff of the SEC’s Division of Investment Management issued an IM Guidance Update concerning the aggregate advisory fee condition in the SEC’s “multi-manager” exemptive relief. (Under the terms of this relief, a...more

New Manager Forum Panel III – Post-launch Matters [Video]

Launching a new hedge fund or private equity fund can be one of the most exciting and rewarding ventures a person will ever undertake-and it can also be the most challenging, given today's competitive and demanding investing...more

New Manager Forum Panel II – Launch Issues [Video]

Launching a new hedge fund or private equity fund can be one of the most exciting and rewarding ventures a person will ever undertake-and it can also be the most challenging, given today's competitive and demanding investing...more

New Manager Forum Panel I - Critical Pre-launch Considerations [Video]

Launching a new hedge fund or private equity fund can be one of the most exciting and rewarding ventures a person will ever undertake-and it can also be the most challenging, given today's competitive and demanding investing...more

NLRB Still Looking for Answers On Whether University Faculty Are “Managerial Employees”

The National Labor Relations Board is seeking amicus briefs to help it decide whether full-time, non-tenure-eligible contingent faculty members at Pacific Lutheran University (PLU) are excluded from the National Labor...more

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