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.
December 3, 2012
By
Jessica Summers on December 3, 2012
In a decision that is certain to raise hairs on the back of the neck of any boss, the Virginia Supreme Court concluded for the first time that, under certain circumstances, a supervisor or manager can be held personally liable for wrongfully firing an employee. The Court’s decision in VanBuren v. Grubb (full opinion here) is one of the first in the Commonwealth’s legal history to open the door to claims against individual managers and supervisors and has the potential to change the way in which Virginia plaintiffs approach and present their claims.
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November 27, 2012
By
Jessica Summers on November 27, 2012
Yesterday (November 26th, 2012), the Supreme Court heard oral arguments in a case that has drawn the attention of employers and lawyers alike. The question posed to the Court in Vance v. Ball State University (petition for a writ of certiori available here), focuses on when an employee is considered a supervisor under Title VII of the Civil Rights Act. The classification of an employee as a supervisor under Title VII is particularly important in light of the fact that the Supreme Court has held that an employer may be liable for the Title VII violations of its supervisors whether or not it was aware of such violations because of the inherent authority and power supervisors usually have. However the case is decided, it is likely to have a significant impact on employer liability for the discriminatory acts of an employee.
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October 16, 2012
By
Jessica Summers on October 16, 2012
A recent series of cases and statements coming from the National Labor Relations Board (NLRB) has raised questions as to whether the “at-will” language included in almost all employee handbooks violates the National Labor Relations Act (NLRA). The increasingly negative approach the NLRB has taken to at-will clauses is of concern for employers that have regularly relied on such language to help ensure the provisions in their employee handbooks - and statements by supervisory employees - are not construed as enforceable guarantees of employment or contractual employment policies.
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October 15, 2012
By
Jessica Summers on October 15, 2012
On September 7, 2012, the National Labor Relations Board (NLRB) issued a decision in the case of Costco Wholesalers Corporation, ruling that the provision in Costco’s employee handbook that subjected employees to discipline for inappropriate electronic posts violated Section 7 of the National Labor Relations Act (NLRA).
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October 15, 2012
By
Jessica Summers on October 15, 2012
In a recent decision, the National Labor Relations Board (NLRB or Board) concluded that the common practice among employers of asking all employees who file a complaint or are interviewed as a witness not to discuss ongoing internal investigations violates the National Labor Relations Act (NLRA). As we have discussed in other blog posts, the NLRB has increasingly been reaching beyond unionized workplaces, issuing decisions with broad implications for employers of all types. The Board’s July 30, 2012 decision in Banner Health Systems (available here) continues down this path, presenting an unprecedented conclusion about Section 7 rights that is sure to impact how most employers handle internal investigations.
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