The EEOC’s decision to pull back from investigating disparate impact claims has been loud, controversial, and headline-worthy. And for employees watching their charges get administratively closed in real time, it can feel like the agency has simply walked away. But federal courts are not there to referee agency priorities or…
Sometimes courts resolve complex employment issues. And sometimes they are asked whether an employee suffered legal harm because she didn’t get to say goodbye to coworkers. Buckle up. TL;DR: A federal appellate court just affirmed summary judgment against an employee who quit, gave two weeks’ notice, was paid for the…
Congress is not slowing down on AI regulation. Weeks after lawmakers introduced a bill requiring employers to track how many jobs AI creates and eliminates, another proposal has arrived that targets how employers actually use AI at work. TL;DR: The No Robot Bosses Act would create sweeping new federal…
A single disclosure from a job applicant about her methadone prescription allegedly turned a routine interview into an ADA problem the EEOC now wants a court to resolve. TL;DR: The EEOC has sued concrete-industry employers, alleging they refused to hire applicants who lawfully use methadone or other medication-assisted…
How can you tell if your business is big enough to trigger federal or state employment laws? A recent Ninth Circuit case illustrates just how complicated that question can get. Two columns in a payroll spreadsheet generated two different employee counts, creating a triable issue about legal coverage. TL;DR: A…
Sometimes the biggest workplace stories are the ones that hit closest to home for HR professionals. A recent jury verdict involving the Society for Human Resource Management (SHRM) is one of those moments, not because of who the defendant was, but because the issues are ones every employer faces.…
When criticism stays focused on performance, and not on leave, employers are on stronger footing. This decision shows how that plays out. TL;DR: A senior account manager took eight and a half days of paid time off to care for a seriously ill daughter and then her mother. She…
Most people assume FLSA retaliation claims start and end with the employer on the worker’s W-2. Not so. The Ninth Circuit just widened the blast radius. TL;DR: The Ninth Circuit held that a worker who files an FLSA lawsuit against one business can pursue a retaliation claim against a…
Some accommodation requests are straightforward. Others arrive wrapped in spiritual language but turn out to be personal views, broad objections, or political frustrations. A recent federal decision breaks down the elements courts look for in separating religious beliefs from non-religious objections. TL;DR: A federal court just explained how to…
Supervisors sometimes say things they should never say. When that happens, employers usually brace for impact. But this case shows how strong documentation and independent decision-making can prevent one person’s bad behavior from controlling the outcome. TL;DR: A supervisor mocked an employee’s VA disability rating, and the employee reported…