facebook icon

Last year, at about this time, I blogged here about a case involving some employees who thought that their employer had underpaid them. So, they discussed the matter at work. And then continued their conversation on Facebook, where they used language that wouldn’t quite make an Eagles fan in the 700 level of old Veteran’s Stadium blush. But, it would have earned a young Meyer some soap in the mouth.

Continue reading

Fact or Fiction?That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

Many claims of discrimination require proof of what’s called an “adverse employment action.” A firing would qualify; so would an unpaid suspension. (But, not a paid suspension). Really, it’s anything that “materially adverse” to one’s job.

Ok. Suppose an employer withholds a discretionary bonus. Could that be discriminatory?

Continue reading

SocialMedia Marketing

My kids know me as dad.

You folks; however, know me as a blogging all-star, one of the lawyers who’s killing it on Twitter, and an all around social-media dynamo.

*** you can stop clapping now ***

While you’ll probably never catch my social media star, if you’ve been thinking about dipping your toe into the social media pool to market your practice, check out my recent interview — because of course I’m getting interviewed — with Bentley Tolk at Legal Marketing Launch.

Whew, my ego needs a rest. If you need me, I’ll be in my hammock with a chalice full of Arnold Palmer.

Image Credit: By LaunchGuru (Own work) [CC BY-SA 4.0], via Wikimedia Commons


The regulations to the Americans with Disabilities Act include a non-exhaustive list of reasonable accommodations that may apply to allow an employee with a disability to perform the essential functions of the job. They include job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; the provision of qualified readers or interpreters. There’s also a catchall: “other similar accommodations for individuals with disabilities.”

Continue reading

Undertaker WHC.jpg
WWE great The Undertaker is 50 years old. He’s an eight-time Heavyweight Champion. But, his greatest feat is never missing one of my posts his streak of 21 consecutive wins at Wrestlemania. But then, at Wrestlemania XXX, the streak ended.

Do you think that The Undertaker’s age motivated the WWE’s decision to script this loss — yes, sorry, it’s scripted? In that context, the notion of age discrimination seems silly. But, what about at work?

Where a 20-year employee with an exemplary record is suddenly fired…

Continue reading


Something else you may not know about me.

On Saturday evenings, I crash Bar Mitzvahs and hustle blackjack. And then I’m like…

But then, on Sunday, it’s back the Bloggerdome for a new post. For this one, let’s talk about R. Kelly a recent Fourth Circuit decision in which the appellate court recognized that a single incident — one touch — may create a hostile work environment.

Continue reading


I’m feeling generous today. And that’s strange because usually I spend my Fridays dangling hundred dollar bills down to the street from a fishing pole in my office, trying to avoid the catch. But, the past few days changed my mindset.

You see, earlier in the week I was introduced to an in-house lawyer who was seeking information on the Family and Medical Leave Act. And, as it so happens, yesterday I received an email from a reader of the blog. Well, not just any reader. This email was from one of my best readers. And she just started a new FMLA blog called Matrix Radar: Adventures in Absence Management and Accommodation. The name alone sounds like something that would not only satisfy the needs of the biggest FMLA dork, but also supply me with the Director’s Cut of Neo and Trinity rescuing Morpheus.

Well, 50% ain’t bad. And I recommend that y’all check out Matrix Radar.