On November 6, 2013, the New Jersey Supreme Court granted certification in Aguas v. State of New Jersey, 2013 WL 1136115 (App. Div. Mar. 20, 2013), a pro-employer ruling on the issue of employer liability for sexual harassment by supervisors. In Aguas, the Appellate Division affirmed summary judgment for the New Jersey Department of Corrections (DOC) on the plaintiff’s claims for sexual harassment and hostile work environment created by her supervisors because the DOC had demonstrated due care in adopting and implementing an effective anti-sexual harassment policy, and because it conducted an investigation within a reasonable time period following plaintiff’s complaints. Accordingly, the court held that plaintiff could not demonstrate that the DOC negligently administered its anti-sexual harassment policy or aided the harassment through the authority it delegated to the offending supervisors. The Supreme Court’s opinion on review could have a significant impact on the steps employers should take to prevent and respond to sexual harassment claims involving supervisors.
It’s Electric – DOL Issues Guidance on Electronic Disclosure Under Participant Fee Disclosure Regulations
Plan administrators can satisfy fiduciary requirements for disclosures concerning participant-directed individual account plans (the most common example being 401(k) plans) through the use of electronic media in certain circumstances, as described in a Technical Release issued by the U.S. Department of Labor (DOL) on September 13, 2011.
This is a reminder that companies with operations or substantial business in the State of Michigan must implement a policy to protect the confidentiality of Social Security numbers (SSN) by January 1, 2006. Michigan’s Social Security Number Privacy Act, Mich. Comp. Laws Ann. 445.81 et seq., which took effect earlier this year, limits employers’ and
NCAA’s Limits on Athletes’ Compensation for Use of Their Names or Likenesses Violates Antitrust Laws
The National Collegiate Athletic Association’s (NCAA) fundamental beliefs about the role of student-athletes and its economic model just received a partial rebuke from the courts. On August 8, 2014, a federal judge ruled that the NCAA’s rule prohibiting student-athletes from being compensated for the use of their names, images, and…..