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Documents on Labor And Employment, Legal Management
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|Who Is A Supervisor? The Supreme Court Provides Clarity|
Wroten Associates Inc.;
September 17, 2013, previously published on Summer 2013As is often the case the U.S. Supreme Court finished up its term this year with several high profile cases. Lost in the shuffle was an important employment case, Vance v. Ball State University, No. 11-556, which clarified the meaning of the word "supervisor" for the purposes of vicarious...
|What Should an Employer Say (If Anything) in a Termination Letter?|
Todd A. Leeson; Gentry Locke Rakes & Moore, LLP;
August 17, 2013, previously published on August 14, 2013As a management employment lawyer, I am often asked to provide legal advice to a Virginia company as to a termination decision. If the company decides to terminate an employee, we typically then discuss how the decision will be communicated, including whether the company should notify the employee...
|Alleged Fiduciary Duty Breach Duplicative of Negligence Claim|
Terrence P. McAvoy, Jennifer Riccolo DeBower; Hinshaw & Culbertson LLP;
June 6, 2013, previously published on June 5, 2013The First District Appellate Court of Illinois affirmed a trial court’s entry of summary judgment against plaintiff former clients on their breach of fiduciary duty claim as duplicative of their negligence claim because the same operative facts supported both claims. The court examined the...
|Treatise on Issues of Labor Rights Protection by Enterprises during Economic Recession - Beginning with Unpaid Leave, Suspension without Pay and Transfer|
Ling Wang; Lee Tsai Partners Attorneys-at-Law;
January 18, 2013Since the financial tsunami in 2008, enterprises have suffered from reduced demands for manpower due to a sharp decline of orders during economic recession and mostly adjust the work hours of employees in the form of "unpaid leave," "suspension without pay" or "job...
|Conducting Workplace Investigations|
Phyllis C. Katz; Sands Anderson PC;
January 11, 2013, previously published on January 8, 2013Recently, when advising a client who was investigating a complaint of sexual harassment, I had the opportunity to revisit the EEOC’s Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (issued on June 18, 1999). ...
|Workplace Investigations - Part 2|
Donovan Plomp; McCarthy Tétrault LLP;
December 22, 2012, previously published on December 21, 2012In an earlier post, we discussed when employers may wish to conduct workplace investigations. In this post we’ll discuss who should conduct the investigation.
|Pam Reeves: Good Advice for Dealing with Pregnancy Issues|
Reeves Herbert Anderson P.A.;
December 18, 2012, previously published by Knoxville News SentinelIt is the time of year when Mary, the mother of Jesus, is celebrated in churches and homes across the country. Much is made of her willingness to face the ridicule of an unwed pregnancy, but nothing is mentioned about what many women worry about in today's world - the impact of a pregnancy on a job.
|Taking Care of Business When Hurricanes, Storms and Natural Disasters Hit|
Greenberg Traurig LLP;
November 16, 2012, previously published on November 14, 2012“Super storm” Sandy and the Nor’easter that ravaged so much of the Northeast reinforced for all of us the fragility of life and the importance of family and friends. Fundamental things like shelter, heat, food, water and gas evaporated overnight. Having “stuff” just...
|The Federal Income Tax Consequences of States' Laws Against Discrimination: Ferrante versus Blaney. Why Blaney Was Right and Why New Jersey's Law Against Discrimination Should Be Amended. 29 Seton Hall Legis. J. 603 (2005).|
Geoffrey D. Mueller; Law Offices of Geoffrey D. Mueller, LLC;
September 10, 2012, previously published by Seton Hall Legislative Journal on August 2005"[T]he victims of job discrimination want jobs, not lawsuits.” Even before the United States Supreme Court recognized this, Congress, in fashioning Title VII of the Civil Rights Act of 1964 (“Title VII”), was fully aware that the vast majority of the work force simply want a...
|Update on Arbitration of Employee Disputes|
Laura K. Sitar; Wroten & Associates, Inc.;
September 5, 2012, previously published by Wroten & Associates Summer 2012 LTC Newsletter on Summer 2012In another employer friendly decision, Iskanian v. COLS Transportation Los Angeles, LLC, a California appellate court has upheld an employer's arbitration agreement requiring both the employee and company to submit all claims to binding arbitration and requiring that each party waive its right to...