The Paley Rothman Blog
Paley Rothman shares this library of resources with clients and friends of the firm to help them stay ahead of legal and business developments and trends. Here, you will find helpful tips and tools written by our attorneys. The information in the blogs and articles is not a substitute for legal advice and should not be relied on as such. Should you have any questions or want legal advice, please contact the attorney who wrote the blog or article.
March 26, 2012
By
James Hammerschmidt on March 26, 2012
This post is about a case we simply can’t resist reporting on. This is, after all, a blog that analyzes and provides insight on developments in Maryland employment issues. Thus, when our State’s highest court, the Maryland Court of Appeals, is sued as a defendant for violating the FMLA and the case goes all the way up to the U.S. Supreme Court, well, that’s news! Thankfully, for the taxpayers of Maryland, the Court of Appeals emerged victorious.
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March 21, 2012
By
James Hammerschmidt on March 21, 2012
For most employers, the object of offering severance pay in exchange for a release is to prevent the former employee from suing and to “buy” peace. When the County of Chesterfield, Virginia, made a severance offer to one of its long-time, female employees, however, it created a Title VII discrimination lawsuit that would not otherwise have existed. That’s a major oops!
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March 20, 2012
In Dulaney v. Packaging Corp. of America, the Court of Appeals for the Fourth Circuit recently reversed summary judgment entered in favor of an employer in a suit alleging gender discrimination and sexual harassment under Title VII of the Civil Rights Act of 1964, and similar state laws. The appellate court found that questions of fact existed regarding (1) whether the Packaging Corp. of America (PCA) took a tangible employment action against its employee, Dulaney, and (2) whether there was a sufficient nexus between Dulaney’s harassment and her termination to make the termination actionable. Essentially, PCA’s motion for summary judgment was undone by easily correctable policy and training issues.
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March 3, 2012
Perhaps too often we bring you news of situations gone awry in the workplace. In this instance, we present a template that demonstrates how employers can avoid costly litigation. In Crawford v. BNSF Railway, Co., a federal appellate court recently affirmed the entry of summary judgment in favor of an employer asserting the Faragher-Ellerth affirmative defense.
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February 23, 2012
By
Hope Eastman on February 23, 2012
In a notice published on February 15th in the Federal Register, the Department of Labor (DOL) finally issued proposed regulations to implement the 2009 statutory amendments to the Family and Medical Leave Act (FMLA).
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