14-Year Sexual Harassment Case Ends

January 11th, 2013 by JBWK

In what was surely a nightmare for everyone involved, the nation’s largest Burger King franchisee has settled a 14-year-long lawsuit brought by the EEOC alleging a pattern of sexual harassment throughout its 572 stores. The case, which began in 1998, expanded to include 90,000 current and former employees. It then got reduced to about 500 […]

High-Tech Spying to Catch Employee Misconduct

January 11th, 2013 by JBWK

A recent NPR article highlights a growing trend in employee surveillance: corporate investigators. Repurposing counterterrorism software, these high-tech investigators are now focusing their sights on corporate workplaces, using pattern and behavior analysis to track down insider trading, embezzlement, or other illicit conduct. The techniques, which may track employees’ emails, phone calls, and other electronic activity, rely […]

Top 5 Posts for 2012

January 4th, 2013 by JBWK

Thanks to each of you for continuing to make Virginia Employment & Benefits Law a success in 2012! Here’s a recap of the 5 most viewed posts during 2012: York Man Fired for Pulling Gun on Robber New Fair Credit Reporting Act Form (odd choice, but hey) Talking Politics at Work A Friendly Office Party Reminder […]

Who Is a Supervisor?

November 30th, 2012 by JBWK

That’s the big question the U.S. Supreme Court will soon answer. It recently heard oral argument on a Title VII case to resolve an unanswered issue: who, exactly, is a “supervisor”? Title VII case law makes the employer responsible for harassment by a plaintiff’s “supervisors,” but there is no clear definition of who’s included in […]

NLRB Okays At-Will Policies

November 6th, 2012 by JBWK

After an unsettling twist involving the National Labor Relations Board questioning standard employment-at-will provisions in employee handbooks, the NLRB’s Associate General Counsel has reined in the issue. Reviewing two at-will policies in employee handbooks–stating that employees’ employment is at will and that no express or implied contractual rights are created by the handbook–the memo says […]

At-Will Clauses: The Next NLRB Battleground?

July 26th, 2012 by JBWK

The NLRB identified employers’ at-will statements within employee handbooks as the next bog enforcement area during remarks at the Connecticut State Bar Association’s annual meeting on June 11, 2012.  In those remarks, the NLRB took the position that provisions asserting that an employee’s at will status can be changed only in a writing signed by […]

Current Fee Disclosure Obligations for Plan Sponsors

July 26th, 2012 by JBWK

As plan sponsors should be aware, the Department of Labor recently issued new fee disclosure rules.  Plan sponsors should have received, by July 1, 2012, the required disclosures from their covered service providers.  The obligation is now on the plan sponsor to take action.  The plan sponsor must review the disclosure to determine whether required […]