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The Employer Handbook Blog

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Questionable Absences, Point-Based Discipline, and a Hard FMLA Lesson

A transit agency thought it had a clear-cut reason to fire an employee under its no-fault attendance policy. But a disputed call-out, followed by a retroactive FMLA approval, now means a jury gets to decide whether the termination was lawful. TL;DR: A bus driver with a chronic medical condition was…

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LIVE ZOOM PANEL: How the One Big Beautiful Bill Will Impact Your Workforce (July 24 at Noon ET)

Where have I been? I took a short break from July 4 through July 14 to spend some time offline on vacation with my family. Thanks for your patience—and I promise this one was worth the wait. The One Big Beautiful Bill (OBBB) became law on July 4—and with it,…

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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…