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The Employer Handbook Blog

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Five plant managers learned the hard way that betting on which workers will get COVID-19 doesn’t pay

About three years ago, seven plant managers lost their jobs following an investigation into allegations of betting on how many workers there would get sick from the coronavirus. Shortly before losing their jobs, a handful did not receive a bonus they felt the company improperly withheld. So they sued. What…

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No, getting fired after telling a supervisor you are pregnant is not retaliation. Or is it?

No, it isn’t. I know this because, among other things, I read this Fifth Circuit decision last night after the Philadelphia Eagles beat the New England Patriots. The plaintiff, a pharmacy technician, was pregnant when her employer hired her. Then, she chose to disclose her pregnancy to her supervisor a…

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The employee who claimed she was drugged, raped, and blackmailed by a supervisor LOST her discrimination lawsuit. HOW?!?

From recent memory, I can’t recall a case with more egregious allegations of sexual harassment. One of the plaintiffs in this Fifth Circuit decision I read last night alleged that soon after a staffing company placed her with a new employer, a female supervisor began sexually harassing her, culminating with…

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Let’s revisit whether morbid obesity is a disability (and why, sometimes, it may not matter).

In today’s blog post, we’re doubling up on the employment law lessons. It’s a two for Tuesday Thursday! What inspired this selfless act from the publisher of a free employment law blog? I read this recent federal court decision about an employee who alleged that his employer discriminated against him…

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Court re-orders 8 hours of religious-liberty training for an employer’s lawyers; says they need it “direly.”

Last month, following an airline’s loss in a religious bias lawsuit brought by a former employee, a Texas federal judge issued a scathing 29-page decision in which he ordered the airline to have three of its lawyers complete 8 hours of religious-liberty training each. Read this post if you want more…

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I know when you can start filing EEO-1 Component 1 Data. Here’s a hint: 🎃🍬🍫

Yes, soon after I start recycling old blog posts next month about the liability risks that employees and their poor costume choices present for employers, all private-sector employers with 100 or more employees and federal contractors with 50 or more employees meeting specific criteria can start submitting demographic workforce data,…

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Another employer learns the hard way that it’s better to hire slow and fire fast

A company fired one of its employees just ten days after learning about his disability. Although the proximity between the two doesn’t confirm that the employee’s disability motivated the employer’s decision, some other vital factors led a federal appellate court to overrule a lower court’s decision in favor of the…

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This is not a drill. A new, federal overtime proposal will cost employers $1.2 billion.

For the first time in four years, the U.S. Department of Labor plans to increase the minimum salary level to be exempt from the Fair Labor Standard Act’s overtime requirements. What is the Department proposing? Under the current FLSA regulations, a covered employer must generally pay executive, administrative, or professional (EAP)…

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What is (and is not) considered retaliation?

A director for a major transit authority applied for two internal promotions. She didn’t get either. Feeling that she was more qualified than either successful candidate, the director reported discrimination internally and later filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission. Among other things, she alleged…

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The feds are trying to make unionizing your workplace easier than draining a two-foot putt.

On Friday, the National Labor Relations Board issued a decision in Cemex Construction Materials Pacific, LLC that it claims in this press release will “effectuate employees’ right to bargain through representatives of their choosing and improve the fairness and integrity of Board-conducted elections.” That’s one way of putting it. Until…