More frequently, employers are turning to arbitration agreements to keep lawsuits out of court and prevent the threat of run-away juries. Many arbitration agreements also contain class action waivers which require employees to bring any claims individually and not as a multi-party or class action. Federal courts have routinely upheld arbitration agreements with class waivers;
A Friendly Reminder from the EEOC—Don’t Toss Your Unselected Candidates’ Applications Just Yet
The EEOC recently filed suit against Coca-Cola Bottling Company of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleges that Martina Owes applied in June 2010 for two vacant warehouse positions but was not selected. She complained in her August 2010 EEOC charge that the company hired less
The Full Monty is Still Full-on Sexual Harassment—The Tenth Circuit Gets It Right
From the “You’d Think This Would Be Obvious” file in August, the Tenth Circuit reversed a district court’s granting of summary judgment in favor of an employer in a case in which a male employee allegedly exposed his genitals to several co-workers on multiple occasions. The plaintiff, Ms. Yvonne Macias, worked at the Southwest Cheese
Think Fast: HR’s Prompt Investigation Key Factor in Sexual Harassment Case Win for Employer
A recent ruling from a Tennessee appeals court reinforces that a prompt and reasonable investigation can help save an employer from liability in response to sexual harassment charges.
In a July 30, 2015 opinion, the Tennessee Court of Appeals affirmed the grant of summary judgment to an employer in Patricia Bazemore’s sexual harassment, hostile work
Video Interview: Discussing What the Supreme Court’s Same-Sex Marriage Ruling Means for Employers
Same-sex marriage is now legal throughout the United States. Now what? Immediate changes are being made on a federal level including federal IRS tax withholdings and the Family and Medical Leave Act (FMLA) to be sure that same-sex marriages are treated the same as heterosexual marriages.
The biggest change that employers need to be
Somebody Get Me an Intern!—Second Circuit Overturns “Black Swan” FLSA Case
Last week, the Second Circuit Court of Appeals vacated a lower court decision that certain unpaid interns had to be paid for their work in the entertainment industry. The district court had held that Fox Searchlight Pictures misclassified the unpaid interns who worked on the movie, “Black Swan” and should have paid them as employees
Plaintiff Alleges Violation of FMLA for Being Required to Show Mastectomy Scars Before Returning to Work
In a Complaint recently filed in a Florida federal court (Andrea Santiago v. Broward Health), social worker Andrea Santiago alleged that her employer, Broward Health, violated the FMLA when it refused to waive a policy requiring employees who took FMLA leave for surgery to allow an in-house medical clinic to examine their wounds
Recent $50,000 Settlement Serves as Reminder that Employers Do Not Always Know What’s Best for their Employees
Question: Your employee has a heart attack and wants to return to work sooner than you think he should. There’s nothing wrong with giving the employee additional time off or terminating the employee if you think the job will impede the employee’s recovery or cause another heart attack, right? Wrong! Baldwin Supply Company, a Minnesota
What Employers Can Learn from Ellen Pao v. Kleiner Perkins
Kleiner Perkins emerged victorious last week in their former employee Ellen Pao’s heavily publicized sex discrimination lawsuit when the jury handed down a defense verdict after days of deliberation. Pao filed suit in Superior Court in California, alleging Kleiner failed to promote her to general partner because of her gender, failed to prevent gender discrimination,
President Obama Vetoes Congressional Resolution Aimed at Blocking the NLRB’s “Quickie Election” Rule
On March 31, 2015, President Obama used the fourth veto of his presidency to prevent passage of S.J. Res. 8, a congressional resolution aimed at blocking implementation of the NLRB’s “Quickie Election” Rule. The NLRB Rule, which will benefit organized labor by speeding up the union election process, is set to go into