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Kitchen supervision by restaurant owners suggests they knew, failed to stop, harassment of gay worker

October 2nd, 2015

By Kathleen Kapusta, J.D.
Evidence that the husband and wife owners of a restaurant continually monitored kitchen staff both in person and via four cameras was sufficient to establish a fact issue as to whether they knew of the alleged pervasive harassment of a gay food preparer by two chef managers who purportedly mocked him, touched [Read more...]

One unwanted sexual touch could be enough for hostile environment

October 2nd, 2015

By Joy P. Waltemath, J.D.
A single act of unwanted sexual touching could potentially create a sexually hostile environment, a federal district court in Maryland found, citing Fourth Circuit precedent and facts alleging a CFO grabbed an employee’s waist and pushed his genitals against her buttocks. Because the record was lacking as to whether the employer [Read more...]

‘Protecting Local Business Opportunity Act’ hearing examines NLRB joint employer standard

October 2nd, 2015

By Pamela Wolf, J.D.
Among the many questions raised by testimony at a House Education and the Workforce subcommittee hearing were whether the NLRB’s revision last month of its long-held joint employer standard was a “usurpation of the role of Congress in defining ‘employer’ under the NLRA,” or merely “returns Board precedent to traditional common-law principles.” [Read more...]

Law student sales rep’s putative FLSA collective action against Kaplan moves forward

October 1st, 2015

By Brandi O. Brown, J.D.
A former law student and head sales representative for Kaplan, Inc., who filed a putative class action against the company alleging it violated the FLSA by failing to pay its student representatives minimum wages, will be able to pursue her claims further, a federal district court in Illinois ruled, denying the [Read more...]

Court predicts Connecticut will stick with ‘motivating factor’ causation despite ‘but for’ ADEA standard

October 1st, 2015

By Lorene D. Park, J.D.
Predicting that the Connecticut Supreme Court would continue to apply the motivating factor standard of causation for Connecticut Fair Employment Practices Act (CFEPA) cases, and not the “but for” standard applied to ADEA cases after the Supreme Court’s decision in Gross, a federal district court in Connecticut denied summary judgment on [Read more...]