Tag: litigation

What Businesses Should Know About Intellectual Property

Many individuals—and all businesses—have intellectual property. This includes everything from names and brands, to inventions, software, and works of art. Too often those assets go unprotected. As companies prepare to develop and commercialize a product or idea, it’s important that they understand what is needed to strategically protect their assets. What Is Intellectual Property? Intellectual […]

Ask the Expert: When Using Employees’ Photos, It’s Best to Ask Permission

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a question about best practices for using employees’ photos. Q: Our company has just taken pictures of key employees for use on social media, brochures, and elsewhere. Are we required to get consent […]

Can Music in the Workplace Be a Potential Liability?

The late, great Ray Charles is credited with having said that “music is powerful. As people listen to it, they can be affected.” Apparently, the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Nevada employees) agrees with the Genius from Georgia, at least when it comes to music businesses allow to be […]

Companies See Big Rise in Labor and Employment Class Actions and Defense Spending

The 2023 Carlton Fields Class Action Survey has revealed a significant increase in the number of labor and employment class action lawsuits and the amount companies are spending to defend those lawsuits. That is sobering news for employers and raises questions about what the class action landscape may look like for employers in the future. Labor & […]

Case Study: Why Employers Need to Address Harassment Complaints Promptly

After a medical clinic employee reported harassment, she said she didn’t want her alleged harasser “approached about his behavior specifically directed towards [her].” As a result, the lower court determined the employer was excused from failing to address the conduct right away, especially since it did take prompt action once the harassment turned physical. On […]

What to Do When You Get Sued: A Handy HR Guide to Litigation

Many HR professionals may relate to the “oh no, what now?” moment when they first learn an employment-related lawsuit has been filed. Although employers would prefer to avoid litigation entirely, it’s important for HR departments to have systems in place to assist with prelitigation and discovery needs. The litigation process can be separated into four […]

Employee Fails to Connect Racial Acts to Adverse Action

A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it retaliated against her for accusing a coworker of tampering with her machine. Let’s take a look at how the U.S. 4th Circuit Court of […]

Dispute Over Unsigned Arbitration Agreement Means Judge Must Wear Detective’s Cap

On July 18, 2022, the New Jersey Appellate Division provided a perfect reminder why all employers and HR professionals should diligently confirm that new hires complete all on-boarding paperwork. It reversed a trial court’s order compelling arbitration, finding that the terminated employee’s failure to sign or acknowledge receipt of an arbitration agreement presented a factual […]

Qualified Immunity Defense May Apply to FMLA Claims

Government employees and officials are granted “qualified immunity” in suits where they act in good faith and with a reasonable belief that their actions comply with the law. Most frequently, qualified immunity is discussed in connection with cases alleging the use of excessive force by police officers. However, a recent case before the U.S. 8th […]