Recently, a federal judge concluded that an employer accused of contacting a healthcare provider to confirm its suspicions that one of its employees had submitted a false medical certification interfered with the employee’s rights under the Family Medical Leave Act. Continue reading


Yesterday, we discussed unconscious bias training in the workplace. Today, we’ll talk about an employer that may need some if the allegations in a recently filed complaint against it are true. Continue reading


I’m a geek—I admit it. I get docket alerts whenever something happens in the FTC noncompete lawsuit pending in Texas, like last week when the judge blocked the Federal Trade Commission’s comprehensive ban on noncompetes—but only for the plaintiffs in the lawsuit. For now, your business must comply with the FTC’s Noncompete Rule.

Yesterday, however, I received another alert that the plaintiffs had asked the court to reconsider its earlier ruling and extend the ban nationwideContinue reading


The Americans with Disabilities Act makes employers responsible for reasonably accommodating individuals with disabilities unless doing so will create undue hardship. However, accommodating employees with disabilities is not a perfect science.

Fortunately, a recent Eighth Circuit Court of Appeals decision provides employers with some helpful tips. Continue reading


Earlier this year, the Supreme Court ruled that an employee claiming discrimination under Title VII of the Civil Rights Act of 1964 need only show that their employer treated them worse than someone else because of a protected characteristic such as race, gender, or national origin.

Last week, a federal appellate court hinted at some examples of when a plaintiff suffered “some harm” to a term or condition of employment, which would be enough to have a facially plausible claim of discrimination.

Continue reading


Since my homeowner’s insurance may not cover multitasking blog-related accidents around a lit Fourth-of-July grill, I’m not taking any chances. So, let’s address yesterday’s decision by a Texas federal judge to block the Federal Trade Commission‘s blunderbuss Noncompete Rule, which imposes a comprehensive ban on new noncompetes with all workers, including senior executives. Continue reading

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