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Keeping You Posted

Recent developments in employment and labor law


Howard Kastrinsky


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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Are Tennessee Charter Schools Ripe for Union Organizing?

Tuesday, 02 April 2013 09:14


The Tennessee General Assembly in recent years did a thorough job of eliminating the influence of unions and the collective bargaining process on public education.  However, a recent federal decision threatens to undermine these developments.


EEOC put in time-out by district court

Tuesday, 02 April 2013 09:10


A federal court (and slick attorney) have finally turned the EEOC’s policies back around on itself in a recent offensive strike by an employer.  Gina Helou writes how the federal court even noted the “EEOC itself frowns on the very practice it seeks to rely on in this case” as the EEOC tucked it tail between its legs and walked out of the courtroom.


Cat’s Paw theory of liability does not apply to age discrimination claims

Tuesday, 02 April 2013 09:06


Ever since the U.S. Supreme Court handed down its 2011 opinion in Staub v. Proctor Hospital, putting the “cat’s paw” theory on the national map, federal district and appellate courts have not been shy to apply this relatively new theory to race, sex and other forms of discrimination, even though Staub only dealt with discrimination based on USERRA.  

However, Robert Crump writes about one federal appellate court that has refused to apply the “cat’s paw” theory to claims of age discrimination.


Employer may be liable for non-employee harassment

Friday, 29 March 2013 14:27



Typical locker room behavior of “guys” may or may not be tolerated in the context of a sports team.  That behavior takes on another dimension when women are present.  It takes on even a further dimension when those women are employees.  A university found out that it might have been liable for the harassment of a female football manager when the alleged harassment was committed by students, the members of the football team, had it not taken prompt remedial action.  The U.S. Court of Appeals for the Second Circuit found employers may, in certain circumstances, be liable for the harassment of its employees by non-employees.  Read Allison Champagne’s article.


Workplace Policies Save the Day in Title VII Lawsuit

Wednesday, 27 March 2013 09:09


Nooses in the work place, a picture of a burning cross, and racial slurs, yet still an employer was able to successfully defend itself against claims of discrimination, harassment, retaliation and hostile work environment.  The federal trial court in Texas granted summary judgment in favor of the employer on all Title VII claims and other federal and state discriminatory laws alleged – a true testament to the employer’s comprehensive and effective workplace policies.


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