News & Analysis as of

Supervisors Summary Judgment

Farella Braun + Martel LLP

The Ninth Circuit Reminds Employers of Obligations When Addressing Social Media Posts Affecting Workplace

A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more

Jackson Lewis P.C.

Ohio Decision Highlights Importance Of Business Protection Agreements With Independent Contractors

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Just as the distinction between an individual’s status as independent contractor versus employee can have serious ramifications for wage, tax, and other legal issues, the same can be true for claims relating to unfair...more

Jackson Lewis P.C.

Seasonal Employee May Pursue Disability-Based Hostile Work Environment Claim, Court Rules

Jackson Lewis P.C. on

Reversing a district court’s grant of summary judgment, the Iowa Court of Appeals held an employee presented sufficient evidence for her disability-based hostile work environment claim to proceed to trial, despite the...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says One Use of "N-Word" Insufficient for Racial Harassment Claim

In recent years, a number of federal appellant courts, including the Fourth Circuit, have issued opinions finding that a single use of a racial slur can be enough to constitute a hostile and offensive working environment...more

Payne & Fears

Key California Employment Law Cases: February 2018

Payne & Fears on

Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more

Foley & Lardner LLP

A Cautionary Tale That Context Matters

Foley & Lardner LLP on

In the shifting landscape of employment law, a recent case illustrates the need to apply context and consider all the circumstances – even when it looks like a general rule applies. In this particular case, involving race and...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Finds Rebellious Behavior by Subordinates Insufficient to Constitute Hostile Work Environment

Most hostile environment harassment claims brought under Title VII involve allegations of offensive conduct by the plaintiff’s supervisors or co-workers. In a few situations, the employee alleges that his or her subordinates...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Tosses Sexual Harassment Claim Based on Failure of Employee to Report Supervisor's Conduct

When a supervisor engages in sexual harassment in violation of Title VII, the employer can be held vicariously liable for the action even if it takes immediate steps to end the harassment once it learns of the conduct....more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Hinshaw & Culbertson LLP

The Cat Fights Back: 7th Circuit Discusses Cat's Paw Theory Post-Staub

Hinshaw & Culbertson LLP on

In 2011, the United States Supreme Court made the"cat's paw" theory of liability significantly easier for employees to prove. An employee can establish a cat's paw theory of liability in an employment discrimination suit when...more

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