The Legal Line®

Restaurant Employer Wins Lawsuit because of Timing, Consistency and Documentation

November 7, 2013

The federal court in Connecticut recently granted a restaurant chain summary judgment on a race, sex and retaliation claim because the company had proper documentation, acted quickly, and treated people consistently. As we have said on this page in the past, the best way to manage your employees and to improve your position in defense … Read more

Vrountas and Ayer Published in URMIA Journal

August 26, 2013

The University Risk Management and Insurance Association (“URMIA”) recently announced the release of its annual scholarly publication, the URMIA Journal. This year, the URMIA Journal contains a piece written by Chris Vrountas and Allison Ayer entitled “Policies, Timing Documentation, and Consistency: Four Tools for Colleges and Universities to Manage Employee Relations and Mitigate the Risks … Read more

Legislation Aimed at Reducing Workers’ Compensation Costs in New Hampshire

August 23, 2013

The fundamental principal of the workers’ compensation scheme in New Hampshire, as in other states, is that employers must pay certain benefits to the employee, such as medical expenses, lost income, and vocational rehabilitation, in order to enjoy immunity from a lawsuit as a result of injuries sustained on the job. But the rising costs … Read more

Pro-Employer Decisions by the United States Supreme Court

June 26, 2013

On Monday, the United States Supreme Court issued two decisions, both in close 5-4 votes, which make it more difficult for employees to succeed in lawsuits against their employer. University of Texas Southwestern Medical Center v. Nassar In University of Texas Southwestern Medical Center v. Nassar, No. 12-484, slip op. (U.S. June 24, 2013), Nassar, … Read more

2012 EEOC Statistics of Discrimination Charges

March 1, 2013

The United States Equal Employment Opportunity Commission (“EEOC”) recently issued a press release discussing the data concerning workplace discrimination claims filed with that agency during the fiscal year 2012 (which runs October 1 – September 30). According to the EEOC, it received 99,412 private sector workplace discrimination charges during fiscal year 2012, and the agency … Read more

Pro-Labor Decisions in Jeopardy

February 1, 2013

A recent ruling of a Federal Appeals Court has placed pro-union decisions made by the National Labor Relations Board (“NLRB”) in legal limbo. In Canning v. National Labor Relations Board, The United States District Court for the District of Columbia ruled late last week that three “recess” appointments that President Obama made to the NLRB … Read more

Individual Liability for Employment Discrimination

January 23, 2013

Two recent cases out of New Hampshire and Massachusetts highlight the contours of individual liability for discriminatory practices under state and federal law. In brief, while federal anti-discrimination laws do not provide for individual liability for supervisors, decision-makers, and other coworkers, both states’ anti-discrimination laws contain language that may subject employees to individual liability for … Read more

Advance Notice of Non-Competes Required in New Hampshire

January 18, 2013

As of July 2012, New Hampshire legislation requires that non-competes and “non-piracy” agreements be given to employees in advance of an offer of employment or an offer to change job positions. RSA 275:70 reads, in its entirety: “Prior to or concurrent with making an offer of change in job classification or an offer of employment, … Read more

IRS Delays Tip v. Service Charge Rules Until 2014

January 8, 2013

For many restaurants and hotels, it was not the “Fiscal Cliff” or the Mayan Apocalypse that made them nervous this year but rather the January 1, 2013 deadline for compliance with IRS Revenue Ruling 2012-18. That announcement, issued on June 25, 2012, requires all restaurants to treat “tips” differently from “service charges” for tax withholding … Read more