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The "Weinstein Effect" and Workers' Comp: When Sexual Harassment or Assault is a Work-Related Injury
  • Verrill Dana LLP
  • USA
  • December 14 2017

Anyone who is even half-paying attention to the news has been reminded that, despite years of open discussion and training around the issue of

Better Watch Your Mouth: Trump Board Likely to Narrow Protection of Vulgar and Racially Bigoted Employee Speech
  • Seyfarth Shaw LLP
  • USA
  • December 13 2017

In April and August of this year, the Second and the Eighth Circuit Courts of Appeals affirmed two Board rulings and held that under certain

Sexual Harassment Prevention 101
  • FisherBroyles LLP
  • USA
  • December 7 2017

It has been quite a year in employment law! The exposure and explosive aftermath of the Harvey Weinstein sexual harassment scandal opened the

FMLA FAQ: If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?
  • Franczek Radelet PC
  • USA
  • December 7 2017

In any event, under the hospital's policies, an employee is subject to termination when they accrue seven absences in a rolling 12-month period

New NLRB General Counsel Ready to Shake Things Up
  • Arent Fox LLP
  • USA
  • December 6 2017

On December 1, 2017, Peter Robb, the new General Counsel of the National Labor Relations Board (NLRB), issued a memorandum entitled “Mandatory

“Similarly Situated” Seriously Scrutinized by Southern District
  • Seyfarth Shaw LLP
  • USA
  • November 8 2017

In Lynch v. City of New York, Judge Katherine Forrest rejected an attempt to prosecute a single collective action for off-the-clock claims of

Does Denial of a Lateral Transfer Violate Title VII? In Some Cases, Yes, Says D.C. Circuit.
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • October 23 2017

The federal courts in D.C. have long held that denial of a lateral transfer does not violate Title VII for the reason that, unlike where a promotion

When You Don't Train Your Managers About the FMLA, You're Begging for This Kind of Smackdown
  • Franczek Radelet PC
  • USA
  • October 19 2017

When a manager learns that one of his employees is in the hospital, that’s almost always enough information for the employer to have an inkling that

Working From Home as a Reasonable Accommodation Under the ADA: Credeur v. State of Louisiana
  • Danna McKitrick PC
  • USA
  • September 27 2017

In today’s hyper-connected society, there are an increasing number of employers who have instituted policies permitting their employees to work from

Sticks and Stones: When Texts and Emails Will Hurt You
  • Barnes & Thornburg LLP
  • USA
  • July 18 2017

Recent legal decisions painfully remind us that words, specifically words in a text, instant message or email, can derail an employer’s position