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Supreme Court to Revisit Faragher/Ellerth Defense to Harassment Claims

Soon after Thanksgiving, next Monday in fact, the Supreme Court will hear oral argument on a case of immense importance to employers, employees, and the employment law community.  In Vance v. Ball State University, the Court will address the question of who is a “supervisor” in the context of harassment cases under Title VII of […]

Virginia Supreme Court Holds That Supervisors May Be Personally Liable for Wrongful Discharge

On November 1, 2012, the Supreme Court of Virginia held that a supervisor may be subject to tort liability for wrongful discharge in violation of public policy where the individual participated in the wrongful firing and was the violator of public policy. VanBuren v. Grubb, 120348 (Va. Nov. 1, 2012) (Millette, J.).  The Court addressed […]

90 Day Right to Sue Requirement Runs from Time Lawyer Got Notice, First Circuit Says

It’s pretty well recognized that a plaintiff needs to file a lawsuit within 90 days of her receipt of a notice of right to sue from the EEOC.  The timing requirement applies even if the recipient was not the plaintiff, but the plaintiff’s lawyer, according to the First Circuit.   Affirming summary judgment to Fondo del Seguro del Estado, […]

Another Facebook Case – Employee Claim of Invasion of Privacy This Time

In Ehling v. Monmouth-Ocean Hospital Service Corp., the U.S. District Court for New Jersey permitted a former employee’s claim for invasion of privacy after a supervisor allegedly gained unauthorized access to her Facebook account to proceed for discovery. The plaintiff, a registered nurse and paramedic, alleged that her employer accessed private postings on her Facebook account […]

New Lactation Law May Provide Basis for Retaliation Claim

By Eric Paltell One of the more obscure provisions of the Patient Protection and Affordable Care Act (a/k/a “Obamacare”) amends the Fair Labor Standards Act (“FLSA”) to require employers to provide break time and a private place for employees to express breast milk for nursing children.  Although the amendments did not expressly give employees a right […]