Image Credit: Pixabay.com (https://pixabay.com/en/printer-fire-flames-broken-38027/) Yesterday, I successfully alienated every reader that doesn’t work in the restaurant industry or otherwise nerd out on Fair Labor Standards Act minutiae. Today, I double down with idiosyncratic arbitration agreements, specifically those possibly used by New Jersey employers. I promise to get back to something more…
Joe Ravi [CC BY-SA 3.0 ], from Wikimedia CommonsLest you think that eight Supreme Court Justices — Justice Kavanaugh did not participate — can never see eye-to-eye on how to resolve an employment law issue. Yesterday, the Court unanimously concluded in Mount Lemmon Fire District v. Guido (here) that while the…
See page for author [Public domain], via Wikimedia CommonsWhen one of your former employees signs a severance agreement with a release of all claims, the last thing you want is for that employee to sign and then sue you. Do over? Earlier this year, a Pennsylvania federal court issued an…
Image Credit: Pixabay.com Every so often — not, “if I had a nickel” often, but every once in a while — someone hits me up for my two cents on firing an employee who is on FMLA or some other form of protected leave for [fill in the reason]. And…
Image Credit: Pixabay.com (https://pixabay.com/en/cartoon-boy-child-character-cute-2602989/) The Age Discrimination in Employment Act is a federal law that makes it unlawful for employers to discriminate based on age against anyone who is 40 or older. Got that? 40 or older. This recent federal opinion involves an age retaliation claim that a 32-year-old employee asserted…
Image Credit: Pixabay.com (https://pixabay.com/en/glass-crack-broken-broken-glass-101792/) Consider this example: A supervisor hires someone who is over 40 years of age. Not long after, the same supervisor fires that same employee. What are the odds that age motivated the termination of employment? (Remember, that the supervisor voluntarily hired the same over-40 employee too.)…
By dconvertini (Nashville, Tennessee, USA) [CC BY-SA 2.0 ], via Wikimedia CommonsGreetings from Nashville, Tennessee. Every once in a while some of my high school friends and I motivate and plan a road trip to coincide with a Philadelphia Eagles road game. This year, we followed the Birds to Nashville…
Image Credit: Pixabay.com (https://pixabay.com/en/pole-vault-pole-vaulting-pole-vault-2644697/) There are two sides to this argument. Let’s explore them. “Overqualified” Is Just Another Word For Age Discrimination. I like reading the eponymous The Tim Sackett Project. Tim is a shining star in the HR community and someone with whom I enjoy catching up at HR events…
Colleagues Job Offer Job Workplace Job Search (Image Credit: Maxpixel.net https://www.maxpixel.net/Colleagues-Job-Offer-Job-Workplace-Job-Search-2860035 License use Creative Commons Zero – CC0) Ayo, the U.S. Equal Employment Opportunity Commission just released a report on “The State of Age Discrimination and Older Workers in the U.S. 50 Years After the Age Discrimination in Employment Act (ADEA).” According…
Image Credit: Pixabay.com (https://pixabay.com/en/setting-hand-leave-job-workplace-2473874/) Law firms, among other businesses, are notorious for seeking non-partner candidates with experience within a range of years. “1-4 years,” “5-8 years,” “with about 10 years of experience.” Could placing a cap on the number of years of experience be part of a code for “we…