News & Analysis as of

Discipline

Proskauer - Labor Relations

Employee’s Failed Attempt To Secure Union Representation Sufficient Notice of Weingarten Request, Divided NLRB Rules

by Proskauer - Labor Relations on

One area of labor relations that continues to vex practitioners is the scope of the so-called Weingarten rights. NLRB v. J. Weingarten Inc., 420 U.S. 251 (1975). Some 43 years after the Supreme Court set forth the right that...more

Fisher Phillips

Student Discipline And Expulsion: What Holds Up In Court?

by Fisher Phillips on

While all educators aim to create an environment where every student thrives and flourishes, we know that there are times when a student’s actions require discipline or expulsion. Those are always difficult decisions....more

Shipman & Goodwin LLP

Superior Court Expands Definition Of “Discipline” Under Conn. Gen. Stat. § 31-51q.

by Shipman & Goodwin LLP on

On April 25, 2018, a Connecticut state court judge issued a decision giving a more expansive definition to the term “discipline” as it is used in Connecticut General Statutes § 31-51q (“Section 31-51q”). In doing so, the...more

Fisher Phillips

The Next Generation Of Vaping Is Here

by Fisher Phillips on

A student tells the dean of your high school that there is a girl in the library who seems very ill. The dean finds the ill student with her head down, moaning. He asks her what’s wrong, and the student says she vaped and...more

Fisher Phillips

Ask Yourself These 7 Questions To Find Out If You Are Ready For A Harassment Complaint

by Fisher Phillips on

Hardly a day passes anymore without some famous (or infamous) person being accused of or admitting to engaging in inappropriate sexual conduct. In many of these situations, the conduct is so egregious that one could...more

Shipman & Goodwin LLP

CAS Legal Mailbag Question of the Week – January, 2018

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As a middle school principal, I run a tight ship, and I expect that the students in my school will be respectful in their interactions with me and all the other staff members. I was infuriated,...more

Proskauer - Labor Relations

A Return to Clarity: Traditional Joint Employer Test Reinstated

by Proskauer - Labor Relations on

As we noted last week, one of the more controversial Obama-Board rulings expanding joint employer liability was overruled this past week. In a widely-predicted 3-2 decision (Miscimarra, Kaplan, Emanuel), the NLRB,...more

Franczek Radelet P.C.

FMLA FAQ: If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?

by Franczek Radelet P.C. on

Here’s a puzzle for you. How would you handle it? Mary Beth is a nurse for a local hospital and has been diagnosed with cancer and asthma. 1. She is certified for FMLA leave for her cancer and asthma; 2. She incurs...more

McDermott Will & Emery

PTO Implements Attorney Discipline Diversion Program

by McDermott Will & Emery on

The US Patent and Trademark Office (PTO) initiated a two-year Diversion Pilot Program to align its attorney discipline program with the practices of more than 30 states. The program is designed to give patent and trademark...more

Hayse LLC

What Makes A Great Law Firm

by Hayse LLC on

Greatness is not a function of circumstance. Greatness, it turns out, is largely a matter of conscious choice, and discipline. - Jim Collins - During a re-read of the Jim Collins classic “Good To Great”, I was struck by...more

Fisher Phillips

Former Dealership Employee Nabs $1.3 Million Verdict In Disability Discrimination Suit

by Fisher Phillips on

Why should your dealership conduct thorough investigations into possible employee misconduct and document poor performance before termination? A Florida court just gave 1.3 million reasons....more

Cozen O'Connor

I-17 – Engaging Your Employees in Today’s Workplace, Featuring Rick Turner at Whirlpool Corporation

by Cozen O'Connor on

Michael Schmidt, vice chair of Cozen O'Connor’s Labor & Employment Department, discusses how to engage your employees in today’s unique workplace and navigate a multi-jurisdictional set of employment laws. This episode...more

Thomas Fox

Farewell to The Hawk – Fair and Consistent Application of Discipline

by Thomas Fox on

In the Department of Justice’s (DOJ’s) Evaluation of Corporate Compliance Programs (Evaluation), Prong 8 Incentive and Disciplinary Measures it states: Incentive System – Consistent Application – Have the disciplinary actions...more

Dorsey & Whitney LLP

Second Circuit Holds Pro-Union Sentiment Outweighs Impropriety of Profanity-Laden Rant Against Supervisor, His Mother, and “His...

by Dorsey & Whitney LLP on

Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of Appeals decision...more

Proskauer - Labor Relations

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

by Proskauer - Labor Relations on

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

Pullman & Comley - Labor, Employment and...

Tips For Documenting Employee Discipline

Most employment lawyers will tell you that more cases are won and lost due to documentation (or the lack thereof) than any other factor. This is because juries typically will only believe employers if they “put it in...more

Norris McLaughlin & Marcus, P.A.

Summertime = Friday and Monday Flu Season

When I was in college, a lot of kids (not me — I clearly scheduled extra classes) would try to fix their schedule so they would not have class on a Friday or a Monday (or before 10 or after 4 or any time it was sunny and over...more

Thomas Fox

Day 22 of One Month to Better Compliance Through HR-10 Questions to Better Operationalize Compliance

by Thomas Fox on

I conclude this month’s series inspired by an article in the Harvard Business Review, entitled “Does Management Really Work?” by Nicholas Brown, Raffaella Sadun and John Van Reenen. I found the article very useful because it...more

Thomas Fox

Day 21 of One Month to Better Compliance Through HR-the HR Gap Analysis for Compliance

by Thomas Fox on

How can you determine if Human Resources (HR) can meet the needs of a best practices compliance program? One place to start is with a gap analysis to determine what HR has in place that can facilitate your company’s...more

Thomas Fox

Operationalizing Compliance Through Your Tone in the Middle

by Thomas Fox on

One of the ways that Human Resources (HR) can help to operationalize compliance is to assist each level of an organization to have a proper tone. While the top of an organization rightly gets much of attention, the tone about...more

Thomas Fox

Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine

by Thomas Fox on

Procedural fairness is one of the things that will bring credibility to your Compliance Program. Today it is called the Fair Process Doctrine and this Doctrine generally recognizes that there are fair procedures, not...more

Thomas Fox

Day 7 Of One Month To Better Compliance Through HR - Six Principles For Compliance Incentives

by Thomas Fox on

In metrics laid out by former Assistant Attorney General Leslie R. Caldwell, she spoke about the need for compliance program incentives. She posed it with the following question, “Are there mechanisms to enforce compliance...more

Mintz Levin - Employment Matters

March Vastness: Blanket Policies on Employee Salary and Discipline Disclosures Unlawful Says D.C. Circuit Court

This past week, the D.C. Circuit Court of Appeals issued an important decision addressing two on-the-bubble workplace confidentiality policies – one which made the cut, while the other one made its way over to the legal...more

NAVEX Global

New Guidance from the DOJ on Your Compliance Program

by NAVEX Global on

The U.S. Department of Justice (DOJ), Criminal Division, Fraud Section, recently released new guidance associated with its Guide to the U.S. Foreign Corrupt Practices Act. The guidance, entitled Evaluation of Corporate...more

Shipman & Goodwin LLP

CAS Legal Mailbag Question of the Week – October, 2016 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As an assistant principal, my responsibilities include dealing with students who have disciplinary issues. While most of these students are good people just caught doing bad things, I am afraid that a...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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