Workplace Conduct

Extraordinary Workplace Misconduct: Multitasking … While Performing Surgery
November 23, 2021
In our occasional series of outrageous workplace conduct, the marked increase in remote work during the pandemic has created interesting opportunities for employees to engage in some poorly-considered multi-tasking.
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Eleventh Circuit Rehabilitates Racial Harassment Claim
September 27, 2018
To state a claim for harassment or hostile work environment, a claimant must establish, among other things, that he or she was subjected to conduct that was (1) unwelcome, (2) related to his or her protected status (e.g.,  race, sex, religion, etc.), and (3) severe or pervasive.
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Eighth Circuit Requires Employees to Reasonably Believe Underlying Conduct is Illegal to Make a Case for Retaliation
August 21, 2018
Colleen Auer’s tenure as city attorney for Minot, North Dakota, may have lasted only about a month, but it spurred not one, but three lawsuits and will definitely leave its mark on the Eighth Circuit.
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NYC Sexual Harassment Poster and Information Sheet Released by City Commission
August 13, 2018
As previously reported, the NYC Council has enacted a series of laws addressing employers’ obligations regarding sexual harassment.
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Guidelines for a Valid No-Solicitation/No-Distribution Policy
April 27, 2018
Many employers would like to ensure that employees focus on their work during their working time – after all, that’s what they’re being paid to do!
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New York State and City Adopt Sexual Harassment Legislation
April 27, 2018
Both the New York State (“NYS”) Legislature and the New York City (“NYC”) Council have adopted legislation addressing sexual harassment in the workplace.
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Burning a Customer Is Not the Appropriate Response to Harassment
April 5, 2018
As a minority female, I have had my share of being harassed, and I have felt rage at the unfairness. I completely understand the desire to lash out at the harasser. But actually burning them with a cigarette? Well, that crosses the line.
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Five Key Steps to Conducting a Workplace Investigation
November 30, 2017
A reasonable, good-faith investigation can result in satisfied employees, and, on the flipside, a disorganized, incomplete and impartial investigation can get be an employee’s attorney’s best weapon in a lawsuit.
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What Can Employers Learn from the Recent Sexual Harassment Scandals?
November 17, 2017
With allegations of sexual harassment in the spotlight, agencies and companies are issuing statements and conducting research about sexual harassment.  Recently, the EEOC issued a “What You Should Know: What to Do if You Believe You have Been Harassed at Work” statement.
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Sexual Harassment Scandals: Time for Employer Self-Examination
November 17, 2017
Notorious sexual harassment by rich and powerful men in the entertainment industry has brought the nation's focus on the broader scope of sexual harassment in general.
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Are Your Employees Audiotaping or Videotaping at Work?
November 17, 2017
Apparently, employees believe that it is a fundamental right to have a cell phone at work and to record freely conversations or videotape during working time. There is no inherent right to (1) have a cell phone at work and (2) audio and/or videotape conversations or activity at the workplace.
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Goalie Intentionally Allows A Goal, Lawyer Declines Coffee, And Other Situations Implicating Our Ability To Make Ethical Decisions
June 29, 2017
Today we want to switch it up a bit and spend a few minutes thinking about ethics: the exercise of discretion where there is a legal right —but no legal mandate— to take some action.  We believe that this has relevance in workplace.
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Tweets Follow

Jan 18

What Can Oregon and Washington Employers Do Now That The Supreme Court Ruled?

Jan 17

New @shrm Court Report: 11th Circuit - Additional Compensation for Salaried, Nonexempt Employee Is Permissible

Jan 13

Split Decision: Supreme Court Throws Out Vaccine Mandate For Large Employers But Revives It For Healthcare Workers