Supervisors

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Member Miscimarra Finds “Common Sense Is Not So Common” in NLRB’s Latest Supervisor Determination

In a 2-1 decision, the National Labor Relations Board elected to deny the employer’s request for review of the Regional Director’s Decision and Direction of Election in Chi LakeWood Health, 365 NLRB No. 10 (Dec. 28, 2016), a...more

5 Trends in Whistleblower Hotlines and Protections to Be Aware of in 2017

Every year it’s safe to assume that our list of Top 10 trends will include the latest developments pertaining to helplines, whistleblower reporting and retaliation, and this year is no exception. We begin by examining some...more

South County Support Services & Southwest Transportation Agency Voluntarily Settles EEOC Charge for $90,000

Company Discharged Employee After She Reported Harassment, Federal Agency Charges - FRESNO, Calif. - Caruthers, Calif.-based companies South County Support Services and Southwest Transportation Agency will pay $89,691...more

Chris Lazarini Examines Case of Constructive Discharge in Employment Discrimination Case

Bass, Berry & Sims attorney Chris Lazarini examined a case where Plaintiff, a 61-year-old female bank employee, sufficiently pleaded constructive discharge in support of her employment discrimination claims where she was...more

Faragher/Ellerth defense used to defeat Oklahoma Anti-Discrimination Act claim

As a recent ruling by the U.S. Court of Appeals for the Tenth Circuit shows, the same employer defenses used to defeat Title VII discrimination claims can also be used to defeat claims under the Oklahoma Anti-Discrimination...more

EEOC Task Force Offers Expansive Recommendations for Updating Anti-Harassment Policies and Training

This summer, the Equal Employment Opportunity Commission (“EEOC”) issued a 127-page document titled “Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace” (“Report”). Among other...more

Harvey Specter on human resources

Season 6 of Suits aired on USA Network on July 13 with Mike Ross in prison, serving his two-year sentence as a consequence of working as an associate for one of Manhattan’s top law firms, despite not being an admitted...more

MSHA Issues New Workplace Exam Proposed Rule

The Mine Safety and Health Administration (MSHA) announced today that it was issuing a notice of proposed rulemaking that will amend the Workplace Examination regulation at 30 C.F.R. § 56.18002 (Surface) and § 57.18002...more

Fourth Circuit Finds Rebellious Behavior by Subordinates Insufficient to Constitute Hostile Work Environment

Most hostile environment harassment claims brought under Title VII involve allegations of offensive conduct by the plaintiff’s supervisors or co-workers. In a few situations, the employee alleges that his or her subordinates...more

CAS Legal Mailbag Question of the Week - April 2016 #3

Dear Legal Mailbag: I know it may seem like a silly question, but do teachers ALWAYS have a right to a union representative at a meeting with an administrator? Recently, I invited my art teachers in for a meeting to...more

Second Circuit Finds Human Resource Manager Personally Liable for FMLA Violations

The Family and Medical Leave Act imposes liability for interference by the “employer” with leave rights. Typically, the disgruntled employee asserts FMLA claims against the company employing him or her, but the Act also...more

The Final Persuader Rule: What You Need to Know About the New Reporting Requirements

On March 23, 2016, the U.S. Department of Labor (DOL) issued final regulations revising the “advice exemption” and requiring employers and consultants (including lawyers) to report labor relations advice and services under...more

Second Circuit Holds That HR Director May Be Individually Liable Under the FMLA Based On “Economic Realities” Analysis

It may not be well-known that the Family Medical Leave Act (“FMLA”) provides for individual, as well as corporate liability. Therefore, in a matter of importance to Human Resources personnel, supervisors, and their employers,...more

Individual Employees Can Be Sued For FMLA Violations, Court Rules

It’s been a big couple of days for court opinions. Today’s turn: FMLA lawsuits. When we last talked about the FMLA, it was in the context of the fact that sometimes things about the law are bit complicated....more

Two Illinois Federal Courts Rule That Illinois Whistleblower Act May Provide For Individual Liability

Two courts in the Northern District of Illinois recently ruled that the Illinois Whistleblower Act (IWA) (740 ILCS § 174/5) provides for individual liability.  Bello v. Village of Skokie, No. 14-cv-1718 (N.D. Ill. Sept. 2,...more

Why Shouldn’t Supervisors Investigate Workplace Harassment? They’re Too Normal.

I have recommended on this blog and in harassment training that “operations” people (in other words, people who aren’t in Human Resources or lawyers) avoid the temptation to investigate workplace harassment complaints on...more

Where Have All the Supervisors Gone? NLRB Further Narrows Definition Under Section 2(11)

In its continuing efforts to rewrite federal labor law to benefit unions, the National Labor Relations Board (NLRB) has again narrowed the definition of “supervisor” under Section 2(11) of the National Labor Relations Act...more

NLRB Says "Road Supervisors" Entitled to Organize

The NLRB continues to scrutinize closely cases presenting issues of supervisory status. In Veolia Transportation Services, Inc., 363 NLRB No. 98 (slip op. January 20, 2016), an NLRB panel voted 2 to 1 to overturn a Regional...more

Lawsuit Bait: Reimagining the Revenant in Today’s Litigious World

Although the Oscars are eleven days away, it seems that the online collective of paid critics, amateur bloggers, and self-professed film buffs has already announced the “rightful winners.” Whatever the Academy Awards...more

Fourth Circuit Backs NLRB on Supervisor Status

The Fourth Circuit recently upheld a finding of the National Labor Relations Board (NLRB) that four employees were not supervisors, even though each employee oversaw the daily work of between 22 and 40 workers. The Fourth...more

Going Rogue? OSHA Violation Defense Defused Where Supervisor and Subordinate Participate

If a supervisor engages in OSHA-violating conduct alongside a subordinate, is the company liable? The Eleventh Circuit recently affirmed an Occupational Safety and Health Review Commission (OSHRC) decision answering that...more

New Law Targets Supervisors for Wage Liability

Senate Bill 588, referred to as the wage theft bill, significantly expands individual liability for wage and hour violations by authorizing the Labor Commissioner to hold a hearing to recover civil penalties for wage and hour...more

Fourth Circuit Tosses Sexual Harassment Claim Based on Failure of Employee to Report Supervisor's Conduct

When a supervisor engages in sexual harassment in violation of Title VII, the employer can be held vicariously liable for the action even if it takes immediate steps to end the harassment once it learns of the conduct....more

When are Supervisors Liable for the Actions of Subordinates in Federal Civil Rights and Police Liability Cases?

In Federal civil rights actions under 42 U.S.C. § 1983, supervisors are frequently named as defendants, even in circumstances were the supervisor was not directly involved or did not even have knowledge of the actions of the...more

Postcards from the R-Case Edge: Insights into Supervisory Status Issues in a Proposed Unit

Since the new “ambush” election rules went into effect on April 14, 2015, there have been over 1,000 petitions for elections filed with the National Labor Relations Board (NLRB). Approximately 60 of those petitions have led...more

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