Insights

In a per curiam decision dated April 23, 2001, the United States Supreme has reaffirmed the proposition that an “isolated incident” of arguably sexual banter cannot give rise to a viable sexual harassment claim...

On March 20, 2001, President George W. Bush signed a bill repealing the Federal Occupational Safety and Health Administration’s (“OSHA”) ergonomic rules. This action by the President followed votes by both...

On the heels of the United States Supreme Court’s ruling in Circuit City, Inc. v. Adams, No. 99-1379, proposed legislation has already been introduced in Congress to overturn the Supreme Court’s ruling....

Under Title VII of the Civil Rights Act of 1964, employers are obligated to reasonably accommodate their employees’ religious practices. A recent decision by the U.S. Court of Appeals for the Fourth Circuit illustrates...

For 50 years, the National Labor Relations Board (the “NLRB”) has held that an employer may lawfully withdraw recognition unilaterally from an incumbent union if the employer has a good faith doubt, based on...

On March 21, 2001, a divided United States Supreme Court ruled that the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, permits employers to require employees to arbitrate work-related disputes. Circuit City...

The Occupational Safety and Health Administration (OSHA) has revised its rules pertaining to recording and reporting of occupational injuries and illnesses. The new rules, which become effective on January 1, 2002, simplify...

Most laws prohibiting discrimination in employment protect workers who are “employees” but not those who are “independent contractors.” The U.S. Court of Appeals for the Second Circuit in New York...

A California appellate court recently ruled that an employer may not terminate an employee who refuses to sign an illegal covenant not to compete, because such terminations violate public policy. D’Sa v. Playhut, Inc.,...

It is common practice for employers to condition payment of severance to outgoing employees on the employees’ consent to waive employment-related claims. In order to hold up in court, however, such waivers must meet a...