.

Author Archives: Joseph U. Leonoro

COLEMAN V. COURT OF APPEALS OF MARYLAND: UNITED STATES SUPREME COURT PROTECTS STATES FROM SUIT UNDER THE SELF-CARE PROVISION

On March 20, 2012, the Supreme Court of the United States issued an important decision regarding the applicability of the Family and Medical Leave Act of 1993 (“FMLA”) to state governments.
Posted in Family & Medical Leave Act (FMLA) | Leave a comment

WHAT IT MEANS FOR THE SENATE TO BE IN “RECESS”

As we have discussed here many times before, the National Labor Relations Board is no stranger to headlines, and it is once again at the center of a political and constitutional showdown in Washington.
Posted in Labor Relations | Leave a comment

THE NLRB AS A POLITICAL BATTLEGROUND

The National Labor Relations Board (the “Board”) has been a hot topic on this blog in 2011, so it’s not surprising we are still talking about them as the year comes to a close.
Posted in Labor Relations | Leave a comment

TO BE OR NOT TO BE AN EMPLOYEE? THAT IS THE (AGENCY) QUESTION

A few weeks ago in this forum, we talked about an important opinion from the Sixth Circuit Court of Appeals – the Circuit in which Kentucky and Ohio sit – on associational discrimination.  Well, that Court must be enjoying its time in the spotlight, because it recently issued another important decision to employers in the [...]
Posted in General Employer Interest, Harassment | Leave a comment

FACEBOOK POSTINGS WERE PROTECTED ACTIVITY UNDER NLRA: HISPANICS UNITED OF BUFFALO, INC. V. ORTIZ

As we have discussed before on this blog, the National Labor Relations Board (“NLRB”) is focusing much attention on social media.  In particular, several complaints have been filed recently that allege that employers have retaliated against employees who have used social media to engage in activity that is protected by the National Labor Relations Act [...]
Posted in Discipline and Discharge, Electronic Workplace, General Employer Interest, Labor Relations | Leave a comment

CAT’S PAW REDUX: STAUB V. PROCTOR HOSPITAL HITS OHIO

In March of this year, I wrote about a recent decision from the United States Supreme Court – Staub v. Proctor Hospital – addressing the “cat’s paw” theory of liability in employment discrimination cases.  Under the cat’s paw theory, a plaintiff can hold an employer liable for the animus of a supervisor who was not [...]
Posted in Discipline and Discharge, Discrimination (Title VII / EEO), General Employer Interest | Leave a comment

IT MAY DROP A CALL, BUT IT DIDN’T DROP THE BALL

Recently, the Supreme Court of the United States issued an important decision regarding the enforceability of arbitration agreements, and although the case examined the use of those agreements in the consumer context, it has far-reaching implications for their use of in the employment context.
Posted in Arbitration Agreements, General Employer Interest | Leave a comment

EMPLOYEE TWEET HAS NLRB ALL A’TWITTER

As we have reported on this blog before, the National Labor Relations Board (“NLRB”) has taken the position that employees who post criticisms of their supervisors on Facebook are engaged in concerted activity that is protected under the National Labor Relations Act (“NLRA”).  Now, tweets made on Twitter are also coming under scrutiny.
Posted in General Employer Interest, Wage and Hour | Leave a comment

CAT’S PAW LIABILITY: DON’T GET BURNED!

Last week, the Supreme Court of the United States released an important decision addressing the “cat’s paw” theory of liability in employment discrimination cases that will have far-reaching implications.  Under the cat’s paw theory, a plaintiff can hold an employer liable for the animus of a supervisor who was not charged with making the ultimate [...]
Posted in Discrimination (Title VII / EEO), USERRA | Leave a comment

THE PERILS OF SOCIAL NETWORKING: EMPLOYERS BEWARE

Facebook and other social networking websites can be a great tool to attract customers and prospective employees.  However, the websites can also be a headache for employers.  As use of social networking websites continues to increase, their use will be front and center in many employment law cases.  And not only are employees suffering adverse [...]
Posted in Social Networking | Leave a comment

CONNECT WITH STEPTOE & JOHNSON

LexisNexis Labor & Employment Law Community 2011 Top 50 Blogs