Insights

On November 3, 1998, the U.S. Supreme Court ruled that a union does not violate its duty of fair representation by negotiating a union security clause which requires each covered employee to be a “member in good...

New guidance is available to employers who request that departing employees sign severance agreements in an attempt to limit future age discrimination lawsuits. A recent Supreme Court decision and newly published EEOC...

On Friday, June 26, 1998, the U.S. Supreme Court issued two decisions which provide important guidance to employers in the area of sexual harassment. These two decisions, Faragher v. City of Boca Raton and Burlington...

We examine here two aspects of labor law. The first is whether and in what circumstances certain forms of sexual harassment can constitute an interference with the exercise of an employee’s rights under Section 7 of the...

The United States Supreme Court, in a case named Oncale v. Sundowner Offshore Services, Inc., recently ruled that the federal law prohibiting sexual harassment applies to situations where a harasser and a harassed employee...

Many collective bargaining agreements contain a union security clause, providing that each employee covered by the agreement must become a member of the union within thirty-one days of the employee’s date of hire. By...

On September 18, 1997, New York Governor Pataki signed into law amendments to the State Labor Law which significantly enhance the statutory penalties for underpayment or non-payment of wages. The new law, entitled the Unpaid...

California employers are all too familiar with claims of wrongful discharge by terminated employees who allege that they were party to an implied contract with the employer, under which they could not be discharged without...

In the September 1994 issue of this Newsletter, we reported that the federal courts are in disagreement over whether supervisors may be held personally liable for violations of the Civil Rights Act of 1964 and other...

A critical feature of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq., is its requirement that employers not only refrain from discrimination against disabled employees but, in addition,...