The National Labor Relations Board (NLRB) continues to send a strong message to employers that the right of both union and nonunion employees to engage in protected concerted activity extends to social media communications....more
I almost feel sorry for Mary Jo White, the Chairman of the SEC, and Andrew Ceresney and George Canellos, soon to be Co-Directors of the SEC’s Division of Enforcement. Four days after Ms. White was sworn in, Gretchen Morgenson...more
As the new year unfolds, supervisors may have even less time to manage all the complexities that arise in the world of employment law. With goals and deadlines to meet, well-intentioned managers may be tempted to rely on...more
The 6th Circuit Court of Appeals has held that an employer can hold supervisors and managers to higher standards of conduct than rank-and-file employees....more
The U.S. Supreme Court recently heard arguments in a case that could have a significant impact on employer liability. Specifically, as the result of an appeal in Vance v. Ball State University, et al, 646 F.3d 461 (7th Cir....more
A Kentucky coal mine operator and two of its supervisors have pled guilty to willful safety violations in the wake of a miner’s death....more
In This Issue:
- The Definition of “Supervisor” Under Title VII of the Civil Rights Act of 1964
- Who Owns Your Twitter Account?
- Excerpt from Who Owns Your Twitter Account?
Do you have a Twitter...more
Recently, when advising a client who was investigating a complaint of sexual harassment, I had the opportunity to revisit the EEOC’s Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors...more
With the Supreme Court's first oral arguments of 2013 underway this week, there are several employment-related cases of note still awaiting decisions....more
In this week’s Connecticut Law Tribune, I filed my annual “forecast” of employment law for 2013. As with the weather forecasts, it is subject to change on a moment’s notice. So drink your “tea” with a grain of...more
These days, everyone has good reason to be leery of threats in the workplace, and the courts are generally supportive of employers who take those threats seriously. A recent Tenth Circuit decision is a good example. ...more
Maine employers should be aware the Supreme Judicial Court of Maine has held that supervisors cannot be held individually liable under the Maine Human Rights Act (MHRA) or the Maine Whistleblower's Protection Act (MWPA). See...more
Late last month, the Supreme Court considered whether and when a co-worker can be deemed a supervisor for purposes of evaluating if the employer is strictly liable for that person’s harassment of another employee....more
In This Issue:
- FEATURE ARTICLES
Supreme Court Emphasizes Supremacy Of Federal Arbitration Act and
Honest Belief Inadequate Defense In CFRA Interference Claim.
- NEWS BITES
The Supreme Court recently held oral arguments in the case Vance v. Ball State University, 646 F.3d 461 (7th Cir. 2011), which addresses the meaning of a "supervisor" in hostile work environment claims. If the Court applies...more
Oral Argument in Vance v. Ball State University Takes an Unexpected Turn -
Late last month the U.S. Supreme Court heard oral argument in Vance v. Ball State University, No. 11-556. The issue that Vance is expected to...more
The Occupational Health and Safety Act does not require that workers be “contemporaneously supervised at all times”, an Ontario appeal judge has held, dismissing two charges....more
In a much-anticipated decision issued today (December 11, 2012), the Maine Supreme Judicial Court (the Law Court) has held that supervisors cannot be held individually liable under the Maine Human Rights Act (MHRA) or the...more
Originally published in the Journal Record on December 6, 2012.
So what exactly does it mean to be a supervisor?
Must you have the power to hire, fire, demote, promote, transfer or discipline an employee? Or do...more
The United States Supreme Court recently held oral arguments in Vance v. Ball State University, a case which has the potential to drastically expand who qualifies as a “supervisor” for purposes of Title VII harassment suits....more
Virginia employers take notice: your employees in supervisory roles can now be sued for wrongful termination individually.
In VanBuren v. Grubb, +2012 Va. LEXIS 193 (Va. 2012), the Supreme Court of Virginia ruled that...more
The Supreme Court on Nov. 26 heard arguments in a case that could redefine who is considered a supervisor in the workplace for legal purposes. The ruling could have far-reaching effects, because the broader the definition of...more
Since many people spend most of their waking hours at the office, and often spend more time with coworkers than family members, it's not unusual for workplace romances to blossom. But if that romance is between a supervisor...more
In This Issue:
- When “Let’s Keep It Quiet” Is An Unfair Labor Practice By Ray Haley (Louisville):
On July 30, 2012, the National Labor Relations Board (NLRB) issued a bad decision for any employer that expects...more
Asking your crush out on a date is daunting enough when “I’m not interested” is the worst possible outcome. When the cutie you’ve been eying sits in the next cubicle, you could be risking your job if you go about it...more
JD Supra gets your content noticed, increases your visibility and makes your marketing efforts hassle free...
Learn More or Schedule a demo