New Title IX Regulations: A Seismic Shift During a Pandemic (Webinar Recording)
On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more
In a decision that had been anticipated, the National Labor Relations Board (“NLRB” or “Board”) abandoned its short-lived burden-shifting test for determining the legality of employer discipline of employees found to have...more
Lion Elastomers Revives a "Setting-Specific" Standard That Is Again Likely to Lead to Arbitrary Results and Conflicting Obligations Under Various Statutes - After the National Labor Relations Board's recent decision in...more
Employers in Connecticut need to be aware that Connecticut law makes the free speech provisions of both the First Amendment to the United States Constitution and those of the Connecticut Constitution applicable to...more
Despite a disclaimer, the Alabama Supreme Court held the City of Montevallo’s Employee Handbook created a contract with employees that placed additional obligations on the City before it could terminate employees....more
The purpose of a disciplinary hearing is to afford an employee the opportunity to state their case in response to allegations made by the employer ahead of seeking dismissal. ...more
Employees have a right to a hearing prior to any disciplinary sanction being imposed upon them. This article examines whether an employer can be sued for defamation, by an employee for comments made during an...more
Does an employee who alleges that he was defamed by statements made during his disciplinary/CCMA process have a legal claim for defamation? Towards the latter part of 2016, the Eastern Cape High Court in Clover SA (Pty)...more