Did you know there’s a loophole in employment law big enough to fit an entire casino? That’s not an exaggeration. In one recent case, an employee said she was pushed out after giving birth. She sued under the Fair Labor Standards Act. The court never even reached the merits because…
The Employer Handbook Blog
Why an easier discrimination standard still couldn’t save this harassment and retaliation case
The Supreme Court recently made it easier for employees to prove discrimination, lowering the bar from “serious harm” to “some harm.” That change came from a 2024 sex discrimination case, but its reasoning can influence other Title VII claims too. A new decision from the federal court in the Eastern…
Join PierFerd’s Inaugural Immigration Forum: What Employers Need to Know About the New H-1B Landscape
Recent federal actions targeting the H-1B visa program have raised new questions for employers. To help make sense of these developments, the Pierson Ferdinand immigration team — including the author of the firm’s latest client alert — will host a virtual forum on what employers should expect and how…
What happens when “He harassed me” turns into “You defamed me”?
A recent federal case shows how a workplace investigation can flip fast—from harassment complaint to defamation claim. The employer followed the playbook and won. The accuser did not. TL;DR: A federal court in Ohio threw out a former Chief Legal Officer’s race discrimination, retaliation, and contract claims after he was…
Coming Soon: New Jersey’s Pay Transparency Rules Get Specific
If you read my earlier post, you already know New Jersey’s new pay transparency law is here. Now the Department of Labor has proposed regulations that explain exactly how to comply. TL;DR: The Transparency in Employment Listings Act is already in effect, and the state’s proposed regulations show employers what…
Can getting “canceled” be discrimination? Not in this case.
A performer claimed a venue “canceled” them after backlash to a social-media post supporting Israel.They said it was discrimination. The court said it was politics. TL;DR: A federal court dismissed a discrimination case under Section 1981, a law that prohibits race discrimination in contracts. The performer claimed a Northern California…
Do employees have a right to use slurs about their own group at work? A court called that absurd.
What if a Black employee uses the N-word in the workplace, directed at no one in particular, and gets fired? Can that employee claim race discrimination under Title VII? A federal judge in Pennsylvania just called that argument “an absurdity.” TL;DR: A Black employee fired for using the N-word claimed…
When Unpaid Leave Helps Under the ADA but Hurts Under Title VII
The same unpaid leave that protects an employer in one case can create liability in another. TL;DR: Unpaid leave can be a lawful, reasonable accommodation under the Americans with Disabilities Act (ADA) when an employee truly cannot work. But after the Supreme Court’s Muldrow decision lowered the bar for…
How a “Reasonably Informed” Investigation Saved This Employer in Court
Employers often worry that if they don’t run a picture-perfect investigation, a court will second-guess their decision. The Sixth Circuit just reminded everyone that the law doesn’t demand perfection; it demands reasonableness. And one employer’s measured, fact-based approach was enough to win. TL;DR: A truss manufacturer fired a production-line employee…
Today at Noon: Meet the Lawyer Who Says 5% of Employees Cause 95% of Your Problems
If you’ve ever wondered why the same few employees keep you up at night, Todd Stanton has a theory—and it’s both painfully accurate and refreshingly practical. Todd is the founder of Stanton Law and the author of The 95% Rule: 29 Employment Law Axioms for Owners, Execs, and HR. His…