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The Employer Handbook Blog

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Drawing the Line on Religious Social Media Posts: EEOC Lawsuit Sends a Warning to Employers

The EEOC has sued a Wisconsin employer for allegedly firing a worker over Bible verses he posted on his personal social media. The case puts a spotlight on a tricky question for employers: When does off-duty religious expression become a workplace problem? TL;DR: According to the EEOC, a business violated…

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Big Win for Employers: DOL Won’t Demand Double Damages in Wage and Hour Investigations

  If the Department of Labor comes knocking about unpaid wages, here’s some welcome news: as of June 27, 2025, it can no longer demand liquidated damages—unless it sues you. TL;DR: In Field Assistance Bulletin (FAB) 2025-3, the U.S. Department of Labor announced that its Wage and Hour Division (WHD)…

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🚨 The Supreme Court Just Took Aim at Nationwide Injunctions. Could the FTC’s Noncompete Rule Rise from the Dead?

Most people didn’t connect the dots between last week’s Supreme Court decision in Trump v. CASA and the FTC’s ban on noncompetes. But maybe they should. The Court’s ruling didn’t mention employment law. It didn’t say a word about the FTC. But it did take a wrecking ball to the…

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The FMLA Trap You May Be Walking Into—Even When Fraud Seems Obvious

“He filled out the doctor’s section himself.” Sounds like fraud, right? Maybe. But if you fire someone on that hunch without following the FMLA’s rules, you could be the one in legal trouble. TL;DR A federal court refused to dismiss a lawsuit brought by a former employee who claimed he…

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What Delaware’s Latest Decision Teaches About Drafting Enforceable Noncompetes and Nonsolicits

Noncompetes are under pressure. Federal regulators have wanted to ban them. States like California, Minnesota, and Oklahoma already have. And even where they remain technically legal, courts are increasingly skeptical—especially when the restrictions go further than necessary. Because a large part of my practice involves reviewing employment and equity agreements…

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SCOTUS to Retirees: You Can’t Spell ADA Without a J-O-B

The ADA bars discrimination against employees with disabilities. But what if the discrimination doesn’t happen until after the employee retires? According to the Supreme Court, the ADA doesn’t follow you into retirement. TL;DR: A firefighter who retired early due to disability sued under the ADA after her post-retirement health coverage…