Employment & Labor Law

An executive secretary at insurance company Munich Re in New Jersey took extended leave under the federal Family and Medical Leave Act (FMLA) citing her asthma condition.  The company became suspicious that the employee was not really too sick to work, and hired a private investigator…

The Eastern District of Virginia recently addressed the effect of technology on the traditional requirements for a state court to exercise personal jurisdiction over a defendant, in DeCusati v. Reiss Engineering, Inc., 3:15-cv-204-JAG (July 30, 2015). Personal jurisdiction hangs on due process concerns. Since a plaintiff chooses where…

  The use of social media has become pervasive in today’s workplace. As a result, employers have a strong interest in making sure employees are following company policies and preserving the confidentiality of company information while online, and in maintaining a positive public image on social media−while…

  On July 1, 2015, the American Arbitration Association (AAA) rolled out new rules for the construction industry. Construction arbitrators can now sanction parties and grant emergency relief, among other power expansions. Sanctions A construction arbitrator can order sanctions where a party fails to comply with AAA rules…

For the first time, the U.S. Court of Appeals for the Fourth Circuit has expressly adopted the joint employment doctrine for Title VII cases.  Now, an employee can potentially go after more…

Marissa Walz was a long-time employee of financial planning giant Ameriprise, and for most of her time there she received positive reviews.  But more recently, Walz began to engage in erratic and disruptive behavior due to a bipolar condition,…

The EEOC’s 2013-2016 Strategic Enforcement Plan identified as one of its top priorities the regulation of overly broad separation agreements that allegedly interfere with employees’ Title VII…

Since the arrival of social media sites such as Facebook and Twitter, employers have worried about protecting themselves from disparaging comments by their employees. Meanwhile, the National Labor Relations Board (NLRB) has intensified its scrutiny of employers’…

Confidentiality clauses are typical in settlement, severance, and separation agreements, as employers typically want to avoid a situation where a former employee openly discloses the amount of a settlement or severance payment. Employers often offer significant monetary consideration in exchange for, among other things, the employee’s discretion. Recently, a…