Sometimes a routine overtime dispute turns into an FMLA problem because no one stops to ask the right questions. A new Eleventh Circuit decision shows how easily that can happen. TL;DR: An employee told supervisors that his pregnant spouse’s condition was high risk, that she could not drive, and that…
Articles Posted in Hiring & Firing
Congress Wants Employers to Report How Many Jobs AI Is Creating… and Killing
Artificial intelligence is changing everything from hiring to customer service, and now Congress wants to know exactly how many American jobs it’s creating… and killing. TL;DR: A bipartisan Senate bill called the AI-Related Job Impacts Clarity Act would require large employers and federal agencies to report quarterly on job…
Back to Basics: The FMLA Doesn’t Protect Poor Performance
When an employee on FMLA leave also happens to be a problem employee, HR can feel trapped. A recent federal appellate decision is a reminder that the FMLA is not a shield against legitimate discipline. If the company can show it would have taken the same action regardless of…
No posting, no application, still a lawsuit: Age bias and quiet promotions
Sometimes promotions move quietly through the ranks.No job posting, no formal applications, just a quiet internal decision. A recent Ninth Circuit decision reminds employers that even those informal moves can create risk under the age-discrimination laws. TL;DR: Three longtime employees in their 50s sued after their company quietly promoted a…
What happens when “He harassed me” turns into “You defamed me”?
A recent federal case shows how a workplace investigation can flip fast—from harassment complaint to defamation claim. The employer followed the playbook and won. The accuser did not. TL;DR: A federal court in Ohio threw out a former Chief Legal Officer’s race discrimination, retaliation, and contract claims after he was…
Coming Soon: New Jersey’s Pay Transparency Rules Get Specific
If you read my earlier post, you already know New Jersey’s new pay transparency law is here. Now the Department of Labor has proposed regulations that explain exactly how to comply. TL;DR: The Transparency in Employment Listings Act is already in effect, and the state’s proposed regulations show employers what…
Do employees have a right to use slurs about their own group at work? A court called that absurd.
What if a Black employee uses the N-word in the workplace, directed at no one in particular, and gets fired? Can that employee claim race discrimination under Title VII? A federal judge in Pennsylvania just called that argument “an absurdity.” TL;DR: A Black employee fired for using the N-word claimed…
Philadelphia expands its Fair Chance Hiring law: what employers need to know
Second chances just became a little stronger in Philadelphia. On October 8, 2025, the Mayor signed new amendments to the city’s Fair Chance Hiring law, Philadelphia’s version of “Ban the Box,” that tighten requirements for employers and expand rights for applicants with criminal records. TL;DR Philadelphia has amended its Fair…
Meet the Lawyer Who Says 5% of Employees Cause 95% of Your Problems
If you’ve ever wondered why the same few employees keep you up at night, Todd Stanton has the answer — and it might just change the way you manage your workplace. Join me for a live Zoom conversation with Todd Stanton, founder of Stanton Law and author of The 95%…
How careless leadership talk can tip a discrimination case
A recent Eleventh Circuit decision is a good reminder that repeated remarks from leadership about wanting “younger” workers can become powerful evidence of discrimination. Even when an employer points to other reasons for its decisions, a jury may not buy them if the paper trail does not line up. TL;DR:…