Published: August 15, 2017

Last week, the Third Circuit denied a Pennsylvania-plaintiff’s application to have her retaliation claim against her former employer reinstated. The plaintiff, Mindy Caplan, a former district manager for the retail chain Victoria’s Secret, claimed she was terminated “for opposing racial discrimination in society” after posting two racially-charged pictures on Facebook. Throughout 2014, the plaintiff identified herself as a Victoria’s Secret district manager on Facebook, which was accessible to other Victoria’s Secret employees and the public.

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Published: August 2, 2017

A threshold issue facing many companies is whether to publish an employee handbook. The purpose of an employee handbook is to provide a company’s employees with the company’s policies and inform them of the rules that govern them throughout the stages of employment. Through an employee handbook, employers notify employees about the legal rights and obligations they both have in the employment relationship. While an employee must comply with the policies contained in an employee handbook, a handbook should not be drafted in a way so as to create an employment contract with the employee.

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Published: July 5, 2017

In a potentially game-changing decision for employers, the United States District Court for the Southern District of New York denied a former employee’s motion to compel the depositions of her former employer’s three-person Termination Review Committee. Two Committee members were non-attorneys, while its third member was one of its in-house attorneys. Her presence on the Committee, combined with the Committee’s determined role, was ultimately enough to persuade the Court that the Committee’s deliberations were attorney-client privileged.

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Published: June 27, 2017

Employment and labor laws require employers to post state, federal and locally mandated posters where visible to employees that inform them of their employment and labor law rights. An employer’s failure to post such mandated posters can subject it to fines and penalties, as well as lawsuits. There have also been cases that have held that an employer’s failure to post a required labor law poster tolls the applicable statute of limitations for certain employment discrimination causes of action.

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Published: June 15, 2017

Plaintiff James Wetherbe, a professor in Texas Tech University’s business school, is not your typical professor. While universities are no stranger to lawsuits from unhappy professors passed over for tenure, few see lawsuits from professors who have refused tenure and profess that tenure is anathema to academia. Yet, Wetherbe has twice sued his superiors at Texas Tech, and recently, Texas Tech itself, for unfair treatment he alleges he faced as a result of his anti-tenure stance.

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Published: June 5, 2017

Beginning November 2017, fast food and retail employers in New York City will be forced to think twice before making changes to employees’ schedules. Last week, Mayor Bill de Blasio signed the “Fair Workweek” bills into law, which affect fast food employers’ ability to make changes to schedules, require fast food employers to pay employees a premium for schedule changes, and limit the practice of having retail employees remain “on call” for shifts.

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Published: June 2, 2017

In a recent appeal before the United States Sixth Circuit, the Court weighed in on an increasingly controversial issue: Whether employers can require employees to agree to a mandatory arbitration provision that requires individual arbitration of employment-related claims, thus forbidding class actions or claims otherwise joined with the claims of others.  According to the Sixth Circuit, they may not.
 

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