In 2016, President Obama signed the Defend Trade Secrets Act into law. A bipartisan approach to creating a nationwide enforcement mechanism, the DTSA prohibits misappropriation of trade secrets in all 50 states.

Fast forward to 2019, and the federal government is back at it again with another bipartisan bill — this time, legislation taking on non-competition agreements. Continue reading


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Yesterday, I blogged here about a black man who was fired for repeating a racial slur directed at him as he told the person to stop. According to multiple reports, his employer’s position was that it had a zero-tolerance policy on racial slurs in the workplace — inexcusable, regardless of context.

Well, the school hired him back.

Still, I asked readers of this blog how they would have handled a similar situation in their workplace. Continue reading


Image by Michel Oeler from Pixabay

We’re going to quiz you today on workplace religious accommodations.

(If you fail, instead of sending Tommy Boy, I’ll call the HR police to your office to tear up your SHRM-CP certification into little, tiny pieces, which we will then use to fill eggs to throw at your home on Mischief Night. Then, after you’ve finished cleaning up your shame, you can come to work on Halloween in costume as an ‘HR professional’ and we’ll all have another good laugh, and maybe give you a piece of candy.) Continue reading

Last night, I read with interest — lawyers always read with interest, that’s why we get to charge the big bucks — about a new employment law that will take effect in California at the start of 2020. Continue reading


Image Credit: Grouch (Joker Parody) – SNL (YouTube)

Let’s pretend that you operate a sanitation company. One of your employees — let’s call him ‘Oscar’ — tells you that he would like to take a multi-week sabbatical to learn more about his job and spend some time living in a trash can. Continue reading


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Back in the early Summer of 2017, most of the experts — the pundits, if you will — were predicting that American businesses were not going to spend as much in 2018 on advice from employment law attorneys.

Then, in September 2017, along came a guy named Harvey Weinstein. Continue reading


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Earlier this week, I detailed several feeble retaliation claims that a federal court easily brushed aside.

Today, I’ll talk about another retaliation claim that almost suffered a similar fate until one of the most conservative federal appellate courts in the country breathed new life into it. Continue reading

“Doing What’s Right – Not Just What’s Legal”