If your FLSA exemption strategy depends on a minimum one- or two-day guarantee, this decision should get your attention.
The Fifth Circuit just rejected that structure under the statute’s salary-basis test. Continue reading
The job requirements were… a lot: craft-beer exams, choreography, flair tricks, social media posts, and a “weight proportional to height” standard. Oh, and a mechanical bull. Eighteen longtime bartenders said the whole thing skewed younger. The court said their lawsuit had a more basic problem. Continue reading
Many employers rely on hiring assessments to gauge fit. But what if those tools are viewed as unlawful lie detector tests? A recent Massachusetts ruling should give you pause before you rely on a “workstyle” assessment. Continue reading
Yesterday, the Department of Labor announced a new proposal on independent contractor classification. If finalized, the proposal would once again reshape how employers evaluate whether a worker is an employee or an independent contractor under federal law. Continue reading
A federal court recently rejected an attempt to force a litigant to turn over information about her use of ChatGPT in a pending employment lawsuit.
Yes. Information about her AI use.
In a civil case, one side moved to compel “all documents and information concerning [the plaintiff’s] use of third-party AI tools in connection with this lawsuit.” The court said no. Continue reading
A single slur can sink an employer. It can also survive summary judgment. Two recent federal decisions show why context — especially who said it and how — still controls. Continue reading
At the British Academy Film Awards – better known as the BAFTAs, the U.K.’s version of the Oscars – a man with Tourette’s Syndrome interrupted the ceremony while actors Michael B. Jordan and Delroy Lindo were presenting an award, shouting a racial slur.
That public moment raises a workplace question: If an employee with Tourette’s involuntarily uses the N-word around Black colleagues or the B-word around women, does the Americans with Disabilities Act (ADA) require the employer to keep him in his job? Continue reading
Two arguments show up in almost every termination lawsuit: that the employer’s reason changed, and that it didn’t follow its own policy. The Eleventh Circuit recently explained why neither argument, without more, is enough to get a case to a jury. Continue reading
Under basic contract law, yes. But thanks to the Ending Forced Arbitration Act, that may not be the end of the story. Continue reading
Not every workplace conflict that creates turbulence makes it to a jury. This one didn’t. The employer’s investigation held up under the honest-belief doctrine. Continue reading
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