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Latest items in Law Reports
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False Claims Act Whistleblower Must Be Original Source of Information
In Rockwell International Corp. v. United States, 549 U.S. 457 (2007), the US Supreme Court addressed whether a former employee whistleblower of a government contractor was an original source of information.
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Offer of Judgment Moots Single Plaintiff's Claims in FLSA Collective Action Lawsuit
In Genesis Healthcare Corp. v. Symczyk, the US Supreme Court ruled that Fair Labor Standards Act (FLSA) collective actions cannot continue if the plaintiff's claim is resolved before additional plaintiffs join in.
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Employers Should Get a Handle on Twitter and Linked in Accounts by Addressing Them in Social Media Policies
With the use of social networking sites and social media on the rise as a marketing tool to promote businesses and build clients and relationships, recent cases illustrate that it is important to implement workplace policies regarding ownership of social media accounts such as Twitter, Linked In and Google Plus that are established for business purposes.
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EEOC Cases Highlight Importance of Preventing Retaliation in the Workplace
Recent EEOC settlements and victories show that unless employers are proactive and take all necessary steps to avoid retaliation in the workplace, they will be forced to spend tremendous amounts of money to defend and litigate such claims. The EEOC remains committed to making sure that employers do not take adverse action against employees based on protected conduct.
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An Arbitration Clause May Survive the Expiration of a Collective Bargaining Agreement
In Litton Financial Printing Division v. NLRB, 501 U.S. 190 (1991), the Supreme Court addressed whether a dispute over the layoff of employees which occurred well after the expiration of the collective bargaining agreement must be arbitrated nonetheless under the arbitration provision of the then-expired collective bargaining agreement.
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Pursuit of Same-Sex Harassment Cases Yields Mixed Results
As the EEOC pursues cases of same-sex sexual harassment or discrimination, some victims have been victorious while others could not show that the discrimination or harassment was directly linked to their gender or based on sex stereotypes.
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Supreme Court of Virginia: Individual Employees Can be Sued for Wrongful Termination in Violation of Public Policy
In VanBuren v. Grubb, the Supreme Court of Virginia considered whether individual employees in a position of power may be held personally responsible for their conduct if it violates Virginia public policy.
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Sexual Harassment Lawsuits Brought by EEOC Result in Costly Settlements
A review of recent EEOC settlements shows that often employers will seek to settle egregious allegations of sexual harassment and sex discrimination rather than face the uncertain outcome that can come with a trial as well as the tremendous resources that must be spent on litigation. In settling such cases, the employers not only agree to costly settlements, but they also agree to take affirmative steps to eliminate harassment such as increasing training efforts, strengthening the complaint procedure and revising their harassment and discrimination policies.
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Third Social Media Report from NLRB Provides Guidelines for Lawful Social Media Policies
The National Labor Relations Board (NLRB) issued a third report on social media in May 2012 in which it reviewed various social media policies and found numerous infringements of Section 7 of the National Labor Relations Act (NLRA). The report seeks to advise and assist employers in drafting their own lawful social media policies.
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Age Discrimination Remains Target for EEOC in Recent Cases
The Equal Employment Opportunity Commission remains focused on eliminating age discrimination. In 2012, the agency was very active, and in many instances victorious, in bringing age discrimination lawsuits against employers.
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