On the same day, the Eighth Circuit held that Congress clearly intended States to be covered by Title VII and the Eleventh Circuit found that sovereign immunity protects States from FMLA claims. Both Courts looked to legislative intent to determine if sovereign immunity applied.
Courts are split over whether the FMLA permits suits against supervisors in the public sector. A District Court found that a postal worker with a knee problem could sue the Postmaster General and his supervisor individually.
An employee sought to extend a 30 week leave by 30 days. Her employer said no. The employer sued alleging the 30 weeks leave was not designated as an FMLA leave. The U.S. Supreme Court sided with the employer.
JACQUELIN F. DRUCKER, ESQ. ARBITRATOR Jacquelin F. Drucker is a full-time arbitrator of employment, labor, and commercial cases. Her practice spans the East Coast, Northeast, Caribbean, South, and Mid-West. She is listed on the AAA Labor Panel, the AAA National Employment Arbitration Roster, and all other major national and local panels. Ms. Drucker, a member […]
August 20, 2001 Alternative Dispute Resolution The United States Supreme Court and other courts across the country appear to becoming more favorably inclined toward enforcing mandatory arbitration agreements. In addition to evaluating mandatory arbitration provisions, many employers also are considering other forms of alternative dispute resolution (“ADR”), such as formalized employee grievance procedures, open door […]
MARTIN F. PAYSON MARTIN F. PAYSON is a Partner in the national labor, employment, benefits and immigration law firm of Jackson, Lewis, Schnitzler & Krupman. Since joining the firm in 1967, Mr. Payson has specialized in the practice of employment and labor law representing the interests of management. Mr. Payson received his undergraduate degree in […]
WHAT SHOULD EMPLOYERS DO TO BE ABLE TO ESTABLISH THE AFFIRMATIVE DEFENSE? The Supreme Court held that where the commission of supervisor harassment does not culminate in a “tangible employment action” (as in both Faragher and Ellerth), the employer may raise as an affirmative defense to liability or damages that it (a) “exercised reasonable care […]
ABOUT PROSKAUER ROSE Proskauer Rose LLP is one of the largest law firms in the United States, providing a wide variety of legal services to major corporations and other clients throughout the United States and around the world. We are dedicated to producing results for individuals and businesses through the effective application of talent and […]
Raymond Salomone P.O. Box 230132 New York, NY 10023 (917) 885-5399 [email protected] Relevant Experience: 1998-2001 Vice President of Operations, Colton Consulting NYC Reported Directly to Managing Partners of $8MM Technology Recruiting Firm. Thoroughly versed in candidate sourcing, qualifying and interviewing. I quickly develop positive rapports with clients and candidates. Managed staff of 11, including Junior […]
MICHAEL J. LOTITO is a partner at Jackson Lewis, a preventive labor, employment, immigration and benefits law firm representing management exclusively. Mr. Lotito is a graduate of Villanova University and Villanova Law School. He was named by Villanova as their Top Human Resources Alumnus of the 20th Century. He has devoted his entire professional career […]