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…
Several readers of this blog have floated the idea that Muldrow v. City of St. Louis — the Supreme Court’s recalibration of what counts as actionable harm in discrimination cases — might ripple into harassment standards. One federal appellate court recently explained why it doesn’t. TL;DR: The Tenth Circuit held…
Millions of Americans will sit down tomorrow and pretend that every dish on the table is: cooked through (optimistically), technically food, and made with love, when in reality at least three items will be: described as “interesting,” wrapped in foil that looks suspiciously like it came straight from a minivan,…
Most employers are not trying to police anyone’s hairstyle, but vague grooming or “professional appearance” rules can sometimes cause problems. Pennsylvania’s upcoming CROWN Act aims to prevent that by making it clear that hair texture and protective styles are protected traits under the PHRA. That means it is a…
The EEOC just refreshed its national origin educational materials. They focus on anti-American discrimination. But turn the examples around and you see an equally important point: pro-American favoritism can violate Title VII too. TL;DR: Title VII protects all national origin groups. The EEOC’s new guidance spotlights discrimination against Americans,…