wallyg [CC BY 2.0], via Wikimedia CommonsNot exactly. For example, here is a situation in which a woman sued her former employer for violating the Family and Medical Leave Act. After the plaintiff initiated the action in federal court, she died. Did that end the case? No. Indeed, Rule 25…
By The people from the Tango! project – The Tango! Desktop Project, Public Domain, Link Last night, I read with interest — lawyers always read with interest, that’s why we get to charge the big bucks — about a new employment law that will take effect in California at the…
Image Credit: Grouch (Joker Parody) – SNL (YouTube) Let’s pretend that you operate a sanitation company. One of your employees — let’s call him ‘Oscar’ — tells you that he would like to take a multi-week sabbatical to learn more about his job and spend some time living in a…
Image Credit: Photofunia.com (https://photofunia.com/results/5da05f89089f7acb5a8b4590) Back in the early Summer of 2017, most of the experts — the pundits, if you will — were predicting that American businesses were not going to spend as much in 2018 on advice from employment law attorneys. Then, in September 2017, along came a guy…
Image Credit: Photofunia.com (https://photofunia.com/results/5d9aa283089f7ad4978b458c) Earlier this week, I detailed several feeble retaliation claims that a federal court easily brushed aside. Today, I’ll talk about another retaliation claim that almost suffered a similar fate until one of the most conservative federal appellate courts in the country breathed new life into it.…
By Franz Jantzen, Collection of the Supreme Court of the United States – https://www.oyez.org/justices/neil_gorsuch, Public Domain, Link After reading 133 pages of transcripts from yesterday’s two (1, 2) oral arguments in the three LGBT workplace rights cases pending before the Supreme Court, three things are clear to me: First, the…
Image Credit: Pixabay.com It’s been a while since the Supreme Court weighed in on a big-time employment-law issue. That’s about to change. Today, the Supreme Court will hear oral argument in three cases: EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. Bostock v. Clayton County Zarda v. Altitude Express, Inc.…
Image Credit: Photofunia.com (https://photofunia.com/results/5d9aa283089f7ad4978b458c) Retaliation is one of the most common employment claims pursued in court. Indeed, it’s the #1 claim individuals make at the U.S. Equal Employment Opportunity Commission (EEOC). A retaliation claim consists of three elements: (1) a protected activity; (2) materially-adverse employment action; and (3) a nexus…
Image by mohamed Hassan from Pixabay Many of you have Googled or otherwise searched for a job candidate online before extending an official offer. I imagine that there were times that you found something objectionable that caused you to reconsider the offer. But, how many of you have actually gone…
Image Credit: YouTube Just before Christmas last year, a referee in a high school wrestling match in New Jersey told an African-American wrestler that he must cut his dreadlocks or forfeit the match. This made national news. Fast forward to September 2019. Following a thorough investigation, New Jersey Attorney Gurbir…