Last night, I came across a court decision that raised some eyebrows. The case involved a black employee who alleged that his white supervisor used racial slurs, including the n-word, and that the same slur was found written on a bathroom wall. He reported harassment and felt that his concerns…
Suppose an employer learns that an employee who claimed a serious health condition under the Family and Medical Leave Act (FMLA) faked his injury to take time off for personal business. What steps can the employer take without violating the FMLA? I read a Ninth Circuit decision last night that…
In a recent decision, the First Circuit Court of Appeals reversed a lower court’s dismissal of a religious discrimination claim. The case involved an employee terminated for refusing a COVID-19 vaccination due to her religious beliefs. Yes, I get it—COVID-19 cases may feel like old news. But stick with me…
ICYMI, President Trump has issued an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This order aims to eliminate illegal discrimination and preferences based on race and sex in federal policies and practices, with significant implications for private businesses. Here’s what human resources professionals, employment lawyers, and business…
Yesterday, President Trump appointed Andrea Lucas as the Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), signaling notable changes for the agency tasked with enforcing federal anti-discrimination laws in the workplace. Lucas brings a clear set of priorities to address workplace discrimination. Here’s what HR professionals, employment lawyers,…
Navigating the maze of wage laws can sometimes feel like playing a high-stakes game of “gotcha,” especially for restaurant operators. A recent opinion letter from the Department of Labor (DOL) clarifies when managers and supervisors can participate in tip pools if they perform the same duties and responsibilities as other…
Last week, the Supreme Court clarified employers can show how certain employees don’t need to be paid overtime or minimum wage under the Fair Labor Standards Act (FLSA) Spoiler alert: it’s not as tough as some courts thought. Why Did This Case Happen? The case involved sales representatives for a…
This week, the U.S. Department of Labor’s Wage and Hour Division issued an opinion about substituting paid leave under the Family and Medical Leave Act (FMLA) when employees take leave under state-paid family leave programs. I’ll break it down for you. Substitution of Paid Leave Generally. The FMLA allows employees…
The original uploader was Betp at French Wikipedia. – modifications by User:Maps and stuff: perspective correction to straighten foreground goalpost; cropped part of sky to match aspect ratio of side-by-side image in the Philadelphia article’s montage-style infobox; removed large ad at far side of field by cloning., CC BY-SA 3.0,…
Recently, a federal magistrate judge found sufficient evidence to support the ‘cat’s paw’ theory, a concept that should be on every HR professional’s radar. What is the Cat’s Paw Theory? The ‘cat’s paw’ theory holds an employer liable for the discriminatory actions of a non-decision-making employee if those actions influence…