The University of Maryland, College Park, negotiated a collective bargaining agreement (CBA) with the Union representing its employees. The CBA provides guidelines and time limits for discipline of employees but specifically states the time limits do not apply to the University’s Notice Termination Policy. As an at-will employment state, Maryland allows the employer or employee to terminate employment at any time. The University followed the CBA’s guidelines for disciplining an employee who was terminated in accordance with the Notice Termination policy three months later.
According to a recent article in Bloomberg, male financial sector leaders revealed their plan to
In addition to resolving 141 lawsuits in 2018, the EEOC also reduced its backlog of discrimination charges and facilitated approximately $505 million in compensation. The organization didn’t focus entirely on litigation this year, however. It also conducted over 300 Respectful Workplace training programs which reached nearly 400,000 people.
Jacob Kent, a former sales representative for Great American Opportunities (GAO), allegedly solicited business from GAO’s customers after he left the company. GAO brought claims against Kent under Defend Trade Secrets’ Act (DTSA). Kent argued the DTSA claims, as well as the tortious interference claim, were barred by the economic loss rule.
Before you purchase a drone for use in your business, talk to your insurance agent. Holly Cal Production, a photography company, learned their general liability policy’s exclusion for injuries resulting from the “ownership, operation or use of an aircraft” included their drone after an accident caused a permanent eye injury to the guest of an event they were photographing.
As streaming podcasts increases, podcast producers should be aware of the permissions needed in order to use music in their productions. Universal Music sued a podcaster in late November for alleged use of their music with a license although Universal Music attempted repeatedly to get the podcaster to negotiate a license. Unlike public performances, podcasters need permission from both the copyright holder of both the musical composition and the recorded performance.
Employers found some relief in a recent Tenth Circuit case which ruled that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts which occur after the employee has left employment.” The ruling comes in the case Potts v. Center for Excellence in Higher Education, Inc., No. 17-1143 (10th Cir. Nov.
A woman filed charges against her employer, the Guilford County Sheriff’s Office, after she received a disciplinary sanction that prevented her from receiving a promotion.
In November, the U.S. Court of Appeals for the Fifth Circuit examined whether the Secretary of Labor has the authority “to issue a citation to a general contractor at a multi-employer construction worksite who controls a hazardous condition at that worksite, even if the condition affects another employer’s employees.” By concluding he does have that authority under the Occupational Safety and Health Act, the Court reversed the Final Order of the Occupational Safety and Health Review Commission.
Hyunju Song, founder and Ceo of Puroon, Inc., developed a “Memory Book”, which it described as “an all-in-one convertible photo frame, album, and scrapbook”.
When Credit Bureau of the South contacted Ms. Davis in an effort to collect a debt from her, they violated the FDCPA’s rule prohibiting the use of false or misleading information to collect a debt. The company had not acted as a credit reporting agency for years before it contacted Ms. Davis and its name violated the policy.
When an imposter of Daewoo, an importer and exporter of chemicals, contacted Daewoo’s customer, Allnex, to request payment to a “new” Wells Fa
What do alcoholic beverages and Mattel’s iconic BARBIE® doll have in common? According to Mattel, Paris Distilling Company, LLC’s trademark application for its OLD BARBEE mark is too close to its BARBIE® trademark and would dilute the BARBIE® brand. Mattel filed an opposition with the United States Patent and Trademark Office last month.
When Global employee Marlon Diggs lost control of the Mack truck he was driving on North Beltway 8 in Houston, Texas, he struck four vehicles and a toll plaza over the course of ten minutes.
A security officer in a troubled school requested a chair and desk in an accommodation to allow her to rest for ten minutes every hour of her shift due to plantar fasciitis. The school denied her request because walking constantly was an “essential job function”. When the officer sued the Chicago Board of Education, the School Board moved for summary judgment.
Google, Uber and other tech companies announced changes in recent months to their policies eliminating the requirement for arbitration of sexual harassment claims. New legislation imposes potential tax co
Last summer the Department of Justice issued a brief that Title VII does not cover sexual orientation and any changes are up to Congress. The United States Court of Appeals for the Eleventh Circuit appears to have followed this brief when ruling  “discharge for homosexuality is not prohibited by Title VII.” Bostock v. Clayton Cty. Bd. of Comm’rs, 894 F.3d 1335, 1337 (11th Cir. 2018). The claimant asked the Supreme Court to review the decision.
When a health inspector requested the County create a new position for her due to an injury, the County denied her request but did accommodate her injury with a temporary job reassignment. The health inspector resigned from her position and filed suit alleging the failure to create a new position was in violation of her rights under the Americans with Disabilities Act (“ADA”).
All eyes are on the Supreme Court this month as the court contemplates a review of three employment discrimination cases involving Title VII protection against discrimination on the basis of sexual orientation and gender identity. The United States Courts of Appeal for the Second and Seventh Circuit Courts ruled Title VII’s prohibition of sex-based discrimination also protects against discrimination due to sexual orientation.
The Age Discrimination in Employment Act (ADEA) prevents private employers with twenty or more employees from making employment decisions due to age. In 1974, Congress amended the ADEA to cover state and local governments.