Insights

In Burlington Industries v. Ellerth, 524 U.S. 742 (1998) and Faragher v. City of Boca Raton, 524 U.S. 775 (1998) the United States Supreme Court outlined an affirmative defense available to an employer sued for sexual...

In a 2-to-1 decision of particular significance to employers in broadcast industries, the U.S. Court of Appeals for the Eighth Circuit recently ruled that television assignment editors and news producers are not supervisors...

On October 14, 2001, California Governor Gray Davis signed legislation requiring that employers provide certain benefits to domestic partners of employees and otherwise extending to domestic partners certain protections that...

The Second Circuit Court of Appeals has joined several other federal courts in refusing to enforce 29 C.F.R. § 825.110(d), a regulation promulgated by the Department of Labor under the Family and Medical Leave Act (the...

In its seminal decision in NLRB v. J. Weingarten, 420 U.S. 251 (1975), the U.S. Supreme Court, affirming a decision of the National Labor Relations Board (the “NLRB”), ruled that an employer violates the National...

Many employers, especially those in safety-sensitive industries, express concern that hiring applicants with certain disabilities could pose hazards in the workplace. The Americans with Disabilities Act (the...

By decision dated September 6, 2001, the Honorable John G. Koetl of the Southern District of New York joined numerous other federal courts in refusing to enforce certain Department of Labor (“DOL”) regulations...

In the wake of the tragic events of September 11, many employees and charitable groups have engaged in fundraising activities in workplaces throughout the country. Responding to employer concerns that permitting this activity...

The National Labor Relations Act (the “NLRA”) protects the right of employees to engage in union activity. The scope of NLRA’s protections are far broader, however; Section 7 of the statute makes it an unfair...

y decision dated September 6, 2001, the Honorable John G. Koetl of the Southern District of New York joined numerous other federal courts in refusing to enforce certain Department of Labor (“DOL”) regulations...