Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here). This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here. Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.
You can see all of my Yessource uploads here.
My latest YesSource uploads can be found here:
Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here). This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here. Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.
You can see all of my Yessource uploads here.
My latest YesSource uploads can be found here:
The Melissa Chinery and Laura Medlin cases against American Airlines, cases currently being litigated by my firm, the Law Office of Faye Riva Cohen, P.C., have been featured in an article entitled “American Airlines Defeats Flight Attendant’s Suit Claiming Facebook Harassment,” in The Legal Intelligencer b published on August 27, 2018, which can be found here.
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U.S. District Judge Eduardo C. Robreno of the Eastern District of Pennsylvania granted American’s motion for summary judgment on plaintiff Melissa Chinery’s claims.
According to Robreno’s opinion, Chinery ran for the presidency of the flight attendants’ association on the platform of rejecting a contract with American. She lost.
Fellow flight attendants Paul Sears, Jim Brown, Victor Dunson and Dan Datzer posted on a Facebook group called “Wingnuts” and Chinery alleged the posts amounted to sexual harassment.
‘“I just voted ‘NO’ to these clowns,’” Datzer wrote on the page, according to Robreno’s opinion. “’it’s your cunstitutional [sic] right to vote NO.’”
Dunson posted on Wingnuts, according to Robreno: “’this is war. Brian and [incumbent president] Kim [Kaswinkel] are my friends. If you f**k with my friends you f** with me and I don’t like being f**ked with.’”
Chinery took this as a form of sexual harassment, alleging that Dunson would not have said the same to a male candidate.
Chinery filed a claim with American’s human resources department and the U.S. Equal Employment Opportunity Commission but no action was taken. Later, Chinery was reported to have surreptitiously filmed American’s vendor and was called into a two-hour meeting by American to discuss the matter.
In order to prevail on disparate treatment, Robreno said Chinery would have to prove she belongs to a protected class; she was qualified for her position; she was subject to an adverse employment action; and members of the opposite sex were treated better or that there was an inference of discrimination. For the retaliation claim, Chinery had to show she was engaged in a protected activity and suffered an adverse employment action for it.
“Chinery argues that after she was anonymously accused of violating American policy, she was required to participate in an approximately two-hour meeting after which she was cleared of wrongdoing and not disciplined in any way,” Robreno said. “This event is not serious enough to alter the terms of Chinery’s employment, thus, it is not a qualifying adverse action.”
Robreno said Chinery’s hostile work environment claim also failed.
“While there are a number of serious questions that are raised by Chinery’s claims—including whether the alleged harassment over Facebook was due to her sex rather than her opinions regarding the union’s collective bargaining agreement with American, and whether the harassment actually occurred in the work environment—it is clear that the alleged instances of harassment were not so objectively severe or pervasive to give rise to a cause of action,” Robreno said.
Daniel Farrington represents American and did not respond to a request for comment.
David Koller represents Chinery and said, “We just received the decision and have not had a chance to go over it yet with our clients so cannot comment much on it. We thought the situation presented an interesting and timely legal issue regarding social media policies in the workplace. But more important than that, we are obviously disappointed for our clients.”
Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here). This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here. Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.
You can see all of my Yessource uploads here.
My latest YesSource uploads can be found here:
I had the great opportunity to lead (perhaps “teach”) a continuing legal education seminar hosted by the National Business Institute. The subject was “Human Resource Law From A to Z” and I had opportunity to speak on Unemployment Compensation. I was joined by other capable attorneys who each had their own topics to present.
Although NBI published the materials, I retain the ownership of the portions I wrote, which I will post here in this blog.
Linked below are all the materials I wrote for this seminar.
Thanks!
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This is from religionclause.blogspot.com which you can find here:
In New Hope Family Services v. Poole, (ND NY, May 16, 2019), a New York federal district court rejected a constitutional challenge by a Christian adoption agency to New York’s anti-discrimination provisions. Regulations of New York’s Office of Children & Family Services prohibit adoption agencies from discriminating, among other things, on the basis of sexual orientation, gender identity or marital status. New Hope Family Services will not place children with same-sex couples or with unmarried couples. Inquiries from such couples are referred to other agencies. The court rejected New Hope’s contention that the regulation violates its free exercise rights because it was adopted to target faith-based agencies. Instead, the court found that the regulation “is facially neutral and generally applicable, and that it has been neutrally and generally applied in this case….” The court also rejected New Hope’s free speech and equal protection challenges to New York’s regulation. In a press release, ADF said that the decision is likely to be appealed.
You can learn more about this issue here.
Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here). This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here. Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.
You can see all of my Yessource uploads here.
My latest YesSource uploads can be found here:
I had the great opportunity to lead (perhaps “teach”) a continuing legal educationseminar hosted by the National Business Institute. The subject was “Human Resource Law From A to Z” and I had opportunity to speak on Unemployment Compensation. I was joined by other capable attorneys who each had their own topics to present.
Although NBI published the materials, I retain the ownership of the portions I wrote, which I will post here in this blog.
Copied below are the materials I wrote for the section entitled “Traditional Ways to Manage Unemployment Compensation Costs.”
Thanks!
__________
Traditional Ways to Manage Unemployment Compensation Costs
Many employers appear to be under the impression that since they pay unemployment compensation through mandatory taxes, there is little they can do to manage their unemployment compensation costs. The fact is, however, is that there are a few ways to manage unemployment compensation costs.
The first, and most basic, way an employer can manage unemployment compensation costs is to contest a claim for benefits. For example, if a claimant is found to have voluntarily quits his employment or commits willful misconduct (see above), the employer is not charged for the benefits, however employers must be proactive at every step – specifically contesting a claim, submitting its forms in a timely fashion to the Department of Labor, appealing an adverse determination and/or attending a referee’s hearing – in order to ensure, to the best of its ability, that it is not charged for benefits. To that end, providing the Department of Labor complete paperwork, a full description of the cause of the employee’s separation from employment, and supplying additional information as it becomes available is a must. Similarly, employers are given notice by the Department of Labor of their employees’ base period wages, which can also be appealed in order to avoid an award of benefits being charged to their account. Being sure to attend all hearings, submitting all documents within time allotted, and appealing adverse decisions can all help reduce costs.
An employer’s tax rate for unemployment compensation depends on the the number and frequency of successful claims for benefits, therefore, successfully contesting benefits can help reduce the applicable tax burden.
If a claimant is successful in securing benefits, an employer may be eligible for relief from being charged for the claimant’s benefits if it properly files for it. An employer may be relieved of charges if, for example, the claimant was terminated for cause or voluntarily quit, or if the claimant became unemployed due to natural disaster, and/or the claimant is self-employed,
There are also some every day strategies and policies which can be implemented to help manage unemployment compensation costs.
This is from religionclause.blogspot.com which you can find here:
Nelson v. Brewer, (IL App., May 10, 2019), involved a dispute between two factions of a congregational church over control of the church, identity of its pastor and control of its property. The appellate court upheld the trial court’s action under Sec. 112.55 of the Illinois Non-Profit Corporation Act appointing a custodian to secure the church’s property and bring the church’s corporate governance documents in to compliance with law. The court also, through a series of orders, provided for selection of a 5-person board for the church. The appellate court said in part:
We find the circuit court in this case properly applied the neutral principles of law as it found both parties have an equal right to PTC property and carefully applied section 112.55 of the Act to remediate the church’s corporate governance. The court specifically refused to issue an opinion as to who is the rightful pastor because that question is religious in nature. Instead the court limited its findings to corporate reorganization by examining PTC’s articles of incorporation, bylaws, other corporate governing documents, the land trust, and pertinent state statutes to resolve the matter.
You can learn more about this issue here.
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