Gosh, in all the excitement of switching and starting a new law firm, I totally forgot to post the poll results from “Is ‘Die Hard’ a Christmas movie?” 70.6% of you said yes. And the rest of you are wrong. Yippee-Ki-Yay!
The Employer Handbook Blog
Even with DIRECT EVIDENCE of discrimination, the employee’s race bias lawsuit was DOA
I’m not the biggest fan of progressive discipline policies, which can often be too restrictive. Plus, deviations and inconsistencies in their application are ammunition for a plaintiff claiming discrimination to get to trial. But, when companies apply these policies to the letter, they create a formidable defense to these claims.…
Here’s your annual reminder not to misjudge and stereotype when employees with disabilities may be a “direct threat” to others.
You’re not a doctor. (Unless you’re a doctor.) So don’t act like one when deciding which of your employees may be a direct threat to others at work. (Unless you like defending Americans with Disabilities Act claims). Here’s an example. Last week, the U.S. Equal Employment Opportunity Commission announced (here)…
New employment laws may not just expose employers to liability; they may double it!
Among the top employment issues that companies will need to navigate in 2024 is enforcing laws that have more recently taken effect. Take the PUMP for Nursing Mothers Act, for example. The PUMP Act, which amended the Fair Labor Standards Act, took effect in December 2022. It provides additional workplace…
What’s next? I’m a founding partner of one of the largest law firm launches in American legal history.
I am thrilled to share that I am one of the founding partners of a new, technology-driven, full-service law firm called Pierson Ferdinand, LLP. There’s an extensive article today about Pierson Ferdinand in The American Lawyer. But I want to tell you even more about the firm! Beginning this week, the…
A love letter to FisherBroyles
Today is my last day at FisherBroyles. Black Hawk Down; FisherBroyles Up But the story of FisherBroyles, my home (in every sense of the word) for the last six years, began long before I arrived in March 2018. As my friends and FisherBroyles founders, Kevin Broyles and James Fisher, tell…
These were the most read posts of 2023. Plus, a MAJOR announcement coming on Friday…
“You keep reading; I’ll keep writing.” Nine times out of ten, that’s how I close my replies to readers of this blog who email me. I didn’t know that when I started writing this blog in 2011, the enjoyment I get from writing about employment law and engaging with you…
Employers, here are 110,759 reasons why you’re not the religion police.
Since only the real ones are reading the blog this week, I must confess that it would be cool to patrol the office halls with a fake badge I ordered from Amazon to restore order and HR compliance to the workplace. But policing religion is where I must draw the…
Is ‘Die Hard’ a Christmas movie?
For a minute there, I thought about blogging today about the Supreme Court employment law outlook for 2024. But that can wait. With Santa gearing up to make his special deliveries on Monday, we need human resource professionals and employment letters to settle a holiday debate. Is ‘Die Hard’ a…
What do you think? Is this a hostile work environment? (Spoiler alert: no.)
Some jobs stink. But that doesn’t make the office a “hostile work environment.” For example, last night, I read about a manager whose employer transferred her to a unit facing a backlog of 12,000 cases. Following the transfer, the manager claimed she endured “constant negative treatment,” was the only one…