News & Analysis as of

Work Suspensions Employer Liability Issues

Genova Burns LLC

Stepping In Where Unions Have Failed, NYC Council Imposes Just Cause Standard On Non-Union Employers

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As our readers may be aware, in March 2021, New York City passed an ordinance requiring fast food employers to have just cause to discharge their employees, where discharge includes termination, constructive discharge,...more

Parker Poe Adams & Bernstein LLP

Can You Suspend an Employee Without Pay for a Full Workweek Because of Performance Issues?

According to Part 541 of regulations issued by the U.S. Department of Labor under the Fair Labor Standards Act, exempt employees must be paid a guaranteed salary. Under §541.602, employers may only deduct from this salary for...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Proctor Financial for Retaliation

Financial Services Company Disciplined a Black Employee for Complaining About Discrimination, Agency Charges - DETROIT - Proctor Financial, Inc., a company based in Troy, Mich., that provides insurance products for...more

Hogan Lovells

Pre-suspension hearings, no more?

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Over the past 10 years, employers in the private sector where thrust into conducting a precautionary suspension hearing to avoid a claim of an unfair labour practice (public sector employers already played in that arena)....more

Fisher Phillips

3.8 Million Reasons Why Proper Process in Physician Discipline Matters

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Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more

Genova Burns LLC

Isolated ‘Highly Offensive Gender Slur’ Insufficient to Warrant Employee’s Termination

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The New Jersey Supreme Court overturned the termination of a state employee who uttered a highly offensive gender slur that was overheard by other employees. William R. Hendrickson, Jr., a fire safety inspector with the New...more

Troutman Pepper

Wisconsin Supreme Court Provides Guidance to Private Universities on Faculty Discipline and Academic Freedom

Troutman Pepper on

Many private colleges and universities have faculty handbooks and/or collective bargaining agreements that, among other things, establish internal disciplinary procedures and make promises to faculty about academic freedom....more

Fisher Phillips

A Step-By-Step Guide To Terminating Employees For Theft (Part One)

Fisher Phillips on

There’s good news for retailers: you are getting better at preventing shrink from employees. In 2005, a University of Florida study found that employee theft accounted for 47 percent of shrink. In a follow-up study in 2016,...more

Payne & Fears

Brief Answers To Frequently Asked Employment- Related Questions

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With potential deregulation at the federal level and variance among the states, keeping up with employment law can be challenging. Here are some brief answers to employment-related questions frequently asked by corporate...more

Foley & Lardner LLP

How Not to Fire a Union Organizer

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The best reminders often come from the most obvious situations. In a case decided by the Eleventh Circuit Court of Appeals on October 13, the employer laid down a clear path to remind employers what not to do. Allied...more

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