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Keeping You Posted

Recent developments in employment and labor law
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hkastrinsky

Howard Kastrinsky

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Chris Barrett


Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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Employer responsible for supervisor who sexually assaulted and murdered an employee

Tuesday, 27 June 2017 14:23


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An employee of a home improvement retailer became employed as a teenager working seasonally until her death six years later at the hands of her supervisor, who had a history of harassing young female subordinates. Throughout the teenager’s employment, the supervisor swore and yelled at the female employee, and was verbally abusive to her in front of customers. After work, he would call and text her, and he pressured her to spend time with him alone. Eventually, she became pregnant. Although the teenager complained to other supervisors and managers, he remained her supervisor. The supervisor was required, however, to take anger-management classes. 

   

Court clarifies law on important aspect of FMLA retaliation claims

Tuesday, 30 May 2017 08:55


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A federal appeals court based in Atlanta recently issued an important opinion dealing with how claims for retaliation under the Family Medical Leave Act (FMLA) are analyzed. The court considered how to determine the relevant dates when an employee relies on temporal proximity to show that the adverse employment action suffered was caused by the exercise of FMLA rights. The opinion also deals with an employee’s use of social media and the employer’s subsequent reliance on the employee’s social media activity to support the adverse action taken.

   

Court finds employee entitled to trial on retaliation claims

Friday, 28 April 2017 14:00


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A federal court in Pennsylvania denied an employer’s attempt to dismiss employment discrimination and retaliation claims prior to trial and ordered that the terminated employee was entitled to a jury trial. The employee was a public works director and borough engineer who had received good job performance ratings throughout his 30-year career. However, he was terminated shortly after a new borough manger was brought in to replace a former manager. Employees, including the terminated employee, claimed it was common for the new manager to make comments referring to the terminated employee or his work as “outdated” and “old fashioned.” Other employees claimed it was common knowledge that the new manager preferred younger employees. Some employees had alleged that there was a purported plan to replace the older staff with younger employees.

   

No right to reinstatement under FMLA where no leave actually taken

Friday, 31 March 2017 14:36


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This case arises out of the termination of a hospital employee after he requested leave pursuant to the Family Medical Leave Act (“FMLA”). The trial court, however, found no evidence that the hospital interfered with the technologist’s right to take FMLA leave or that he was terminated as a result of his request for FMLA leave. The appeals court agreed with the trial court’s decision.

   

Searches of logging devices installed on vehicles do not violate the Fourth Amendment

Tuesday, 21 February 2017 16:59


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