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Disciplinary Proceedings

Kohrman Jackson & Krantz LLP

Greek Leadership Positions May Be Risky Business for College Students

While college should be the best four years for any student, those dreams can be crushed when unintended tragedy hits a college campus. Activities often thought of as “fun” can turn on a dime when students drink too much and...more

Holland & Hart - Employers' Lawyers

Responding to Employee Requests for Personnel Records

Question: What are the guidelines for when employees, current or former, request a copy of their personnel file, and what files are required to be provided upon request?...more

Littler

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

Littler on

On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

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

Parker Poe Adams & Bernstein LLP

Time Management Policies Can Mitigate New Overtime Obligations

The first round of increases to minimum salaries required to claim the Fair Labor Standards Act’s white-collar overtime exemptions took effect July 1. Unless blocked by federal courts, the second, larger increase in the...more

BakerHostetler

Viral Layoffs: Important Considerations for Employment Actions in the Digital Age

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Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more

Fisher Phillips

Appeals Court Hands Medical School a Win in Resident’s Due Process Case: Key Takeaways and 6 Steps You Can Take Now

Fisher Phillips on

An appeals court recently sided with a medical school by holding that it did not violate a medical resident’s due process rights in dismissing her from its residency program. In reaching this decision, the 6th U.S. Circuit...more

Ward and Smith, P.A.

Having the Talk: How Employers Should Prepare for Difficult Disciplinary Situations

Ward and Smith, P.A. on

Every employee hired is expected to be a team player and integrate into the employer's culture to cultivate success. However, nearly all employers find out at some point that new hires do not always work out as planned....more

Miles & Stockbridge P.C.

The Wait is Over: Department of Education Issues Final Title IX Regulations

Schools that have been anxiously awaiting the U.S. Department of Education’s final regulations enforcing and interpreting Title IX need wait no longer. The department issued final regulations last week that will govern sex...more

Latham & Watkins LLP

Key Regulatory Updates for Hong Kong Listed Companies - January/February 2024

Latham & Watkins LLP on

The updates include a report from the Stock Exchange of Hong Kong Limited on review of issuers’ annual reports, a summary of private reprimands, and disciplinary actions....more

Pullman & Comley - School Law

Preparing For the Amended Title IX Regulations:  What To Do Now

Educational institutions are anxiously awaiting the U.S. Department of Education’s issuance of the amended final Title IX regulations.  The deadline for releasing the new regulations has been pushed back several times...more

Venable LLP

When Mental Health and Performance Management Collide

Venable LLP on

Lisa, one of your team’s sales representatives, has been a consistent performer during her first year with the company. She has proven herself to be detail oriented, personable with clients, and willing to assist her team to...more

Farella Braun + Martel LLP

Navigating California's New Rebuttable Presumption Law

The ever-evolving landscape of employment laws in California has introduced a notable change with the implementation of a new law that establishes a rebuttable presumption of retaliation in some circumstances. This law, which...more

TNG Consulting

Know Your Ratio of Title IX Hearing Outcomes. What Should It Be?

TNG Consulting on

More and more schools are publishing Title IX annual reports (a great idea!), and as I was looking at a bunch of them recently, I saw an outlier that prompted this Tip of the Week....more

Davis Wright Tremaine LLP

FINRA's Focus on Compliance With Market Integrity Rules

FINRA's new enforcement head, Bill St. Louis, recently appeared on FINRA Unscripted, a FINRA podcast where he discussed his vision for FINRA's Enforcement Department as well as certain key regulatory issues that are under...more

Latham & Watkins LLP

Key Regulatory Updates for Hong Kong Listed Companies - November/December 2023

Latham & Watkins LLP on

The updates include a Consultation Paper, new and revised guidance materials from the Stock Exchange of Hong Kong Limited, and notices from the Companies Registry. The key updates in November and December 2023 include the...more

Tucker Arensberg, P.C.

Confidentiality Provision of Educator Discipline Act Ruled Unconstitutional

Tucker Arensberg, P.C. on

Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...more

Dechert LLP

Droit Social | Sélection de jurisprudence – France | Second semestre 2023

Dechert LLP on

Cette newsletter présente cinq décisions de jurisprudence rendues au cours des derniers mois : Motif économique de licenciement : les pertes d’exploitation doivent avoir un caractère sérieux et durable (Cass. soc., 18...more

Dechert LLP

Employment Case Law Selection - France | Second Semester of 2023

Dechert LLP on

This newsletter summarizes five significant judicial decisions over recent months: Economic grounds for redundancy: operating losses must be serious and lasting (Cass. soc., 18 October 2023, n°22-18.852 F-B) After...more

Proskauer - Law and the Workplace

New York State Employers Must Provide Updated Record of Employment to Separating Employees (and Beyond)

New York State employers are reminded that, under an expansion of the law that took effect in late 2023, they are required to provide all separating employees with an updated Record of Employment (Form IA 12.3) for purposes...more

Miller Canfield

Arbitrator's Power to Alter Discipline Affirmed by Michigan Court, with a Caveat on CBA Clarity

Miller Canfield on

Can a collective bargaining agreement (CBA) limit the authority of a labor arbitrator to determine the appropriateness of a disciplinary punishment? It can, but only when the CBA clearly says so, reiterated the Michigan Court...more

Marshall Dennehey

Key Differences Between Disciplinary Matters and Civil Litigation

Marshall Dennehey on

One of the most important things for an attorney to understand when faced with a disciplinary proceeding is that the disciplinary process is not civil litigation. An attorney who understands the differences between a...more

Kohrman Jackson & Krantz LLP

What’s the Difference Between Expulsion and Dismissal? Understanding Education Sanctions

Expulsion and dismissal are the most severe sanctions an academic institution can impose. Both labels connote student separation from the school.  Whenever a student is facing expulsion or dismissal, the student should enlist...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 6 "Employers Beware - Rebuttal Presumption Potentially Available for...

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the sixth day of the holidays, my labor and employment...more

TNG Consulting

OCR Revised the Title IX Regulations Final Rule Publication Date to March 2024… Is That Date Realistic?

TNG Consulting on

[Revised and updated from my previous blog post in August]. As you know, the Department of Education is empowered to craft regulations to fulfill Congress’ mandate for sex equity under Title IX. The Department (ED),...more

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