The Employer Handbook Blog
…about union activity create an impression of employee surveillance? The company argued it didn’t, especially in the face of longstanding written policies that: (1) the company could monitor any data…
Search Results for: concerted activity
Some complaints of sexual harassment aren’t protected at all
…events, and the complaint also arises to the level of what we call a “protected activity.” For an internal sexual harassment complaint to qualify as a protected activity, an employee…
Is complaining about a hostile work environment enough to support a retaliation claim? Maybe. Maybe not.
…of opposition activity, provided it is directed at “an unlawful employment practice” under Title VII. While courts give plaintiffs plenty of latitude here—Title VII covers both actually unlawful employment actions…
Can states legally ban “woke” training in the workplace?
…and Employees.” Whatever we call it, the Act says employers cannot subject “any individual, as a condition of employment,” to “training, instruction, or any other required activity that espouses, promotes,…
Can employers ban workers from wearing Black Lives Matter insignia to protest discrimination at work?
Photo by Brett Sayles: https://www.pexels.com/photo/slogan-black-lives-matter-on-black-board-4665903/ Last week, the National Labor Relations Board decided that a NON-union employer cannot require employees to remove “Black Lives Matter” (BLM) insignia from…
Not all retaliation laws are alike. There’s one that doesn’t even require any intent to retaliate.
…violations at publicly traded companies must prove that their protected activity (i.e., whistleblowing) was a contributing factor in the employer’s unfavorable personnel action, but need not prove that his employer…
Folks, we have our first lawsuit to try to KO the DOL’s new independent contractor rule
…the impetus for their lawsuit is their attempt, as individual entrepreneurs, “to remain independent in the face of concerted efforts to force them into employment relationships they neither want nor…
Today’s free “wage and hour 101” post is the silver lining to an employer’s $1.6M screw-up
…same workweek. Here, the defendants did not combine hours between multiple clients for overtime calculation purposes. Under the FLSA, an employee’s time spent traveling as part of their principal activity…
It may be okay to terminate someone after they complain about discrimination if…
…must initially show to have a shot at establishing retaliation: the employee engaged in activity protected by Title VII, the employer took adverse employment action against the employee, and…
Today, at Noon ET, join us for “Antisemitism and the Workplace” on Zoom. It’s free to attend.
There is still time to register to join me, Amy Epstein Gluck, Jonathan Segal, and Gregory Slotnick at Noon ET today to discuss antisemitism and the workplace. Here are…