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The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I
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The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part I
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The Labor Law Insider: How Unions Are Navigating Trump 2.0, Part II
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Whistleblower complaints represent a distinct category of MSHA investigations, primarily rooted in employment law rather than safety and health regulations. This distinction often leads to misunderstandings and mishandling by...more
When faced with potential employee organizing activity, some employers react by trying to address worker grievances through alternatives to union representation. Sometimes these approaches involve establishing an internal...more
In Michigan, it is well-established that the statute of limitations for claims of discrimination, harassment and most other employment-based claims may be shortened by the agreement of the employer and the employee. This...more
In pursuit of customer satisfaction, employers may be inclined to take a hands-off approach when customers or other third parties exhibit discriminatory conduct towards their employees. This can be a costly mistake. Courts...more
Nuclear Regulatory Commission’s Atomic Safety and Licensing Board finds that investigating an employee’s discrimination complaint does not, in itself, constitute a violation under the NRC’s employee protection regulations. ...more
Under Title VII, an employer may be liable for sexual harassment by one co-worker of another if it knew or should have known of the conduct and took no action. According to a recent decision from the Eighth Circuit Court of...more
In the #MeToo era, accusations of workplace misconduct must be taken seriously and investigated thoroughly. A good investigation can result in effective resolution of a harassment complaint, winning an unemployment claim, and...more
Many HR professionals spend a significant amount of time investigating employee complaints and, depending on the outcome of these investigations, implementing corrective measures to halt and prevent bad behavior in the...more
Seyfarth Synopsis: In Sellars v. CRST Expedited, Inc. Case No. C15-117-LTS (July 15, 2019), the Northern District of Iowa held that employer responses to sexual harassment complaints need not deter harassment by other...more
As employment lawyers that represent management, we invariably counsel our clients that they must treat complaints of harassment in the workplace seriously, and take immediate steps to investigate them. A recent case,...more
Employment terminations are serious business and fraught with potential challenges. The simple idea that at-will employees can be discharged for any legal reason without incurring claims, defense costs, and possible...more
The Equal Employment Opportunity Commission (EEOC)’s litigation program brought 66 lawsuits alleging workplace harassment (41 alleging sexual harassment) in FY 2018, a more than 50% increase over the prior year, Acting Chair...more