The federal court decision I read last night reaffirms one of the many reasons I enjoy practicing employment law: I’ll never run out of good stories to tell. This one involves a plaintiff who worked as a security counselor for a state hospital in the Midwest. He alleged in his…
On Thursday, the Federal Trade Commission proposed a new rule prohibiting employers from imposing noncompetes on their workers. I wrote about it on Friday and spent the weekend reading all 216 pages of the official “Non-Compete Clause Rule Notice of Proposed Rulemaking.” So, let’s discuss it on Zoom today. Click here…
Yesterday, the Federal Trade Commission proposed a new rule prohibiting employers from imposing noncompetes on their workers. When I shared the news on LinkedIn, someone commented, “Yeah, bold move FTC…” And I was like, “Bold move is wearing seersucker before Memorial Day. This is MINDBLOWINGLY HUGE!” Folks, it’s only January…
Blink twice if you know (or at least suspect) a poor-performing employee who complained about discrimination or sought leave under the Family and Medical Leave Act to insulate herself from discipline at work. I’m not saying that’s what the plaintiff did in this recent Eighth Circuit decision. But then again,…
Litigators often counsel witnesses to answer, “I don’t recall,” rather than guess or speculate the response to a question at a deposition. But, sometimes, that approach can backfire. The female plaintiff in this recent Third Circuit opinion I read last night worked as a manager in the defendant’s finance department.…
The Americans with Disabilities Act prohibits employers from discriminating against qualified individuals because of a disability. A qualified individual can perform the job’s essential functions with or without a reasonable accommodation. Often, an individual with a disability will approach a supervisor or HR, identify their limitations, and ask for help.…
I love to litigate employment disputes. And restrictive covenant cases are at or near the top of my list. They are fast-paced, usually well-lawyered on both sides, and lucrative. The primary goal of the dispute is to obtain a preliminary injunction — quickly — to stop someone from working. That…
Last week, while many of you were in your offices with the doors closed, pretending to work before the holiday break, the Senate and House passed an omnibus spending package incorporating two separate pieces of legislation to protect pregnant workers and new moms. Pregnant Workers Fairness Act Introduced in May,…
Under a federal law called the Worker Adjustment and Retraining Notification (WARN) Act, businesses with 100 or more employees must provide affected workers with 60 days’ notice before a big layoff. It’s a bit more nuanced than that. But, for this blog post, the details aren’t so important. What does…
Earlier this month, the U.S. Department of Labor announced that it had released New Resources for Workers Impacted by Cancer. Cancer Moonshot week of action was the impetus for the new resources. The Cancer Moonshot initiative aims to reduce cancer’s death rate by accelerating treatment discovery. Labor Secretary, Marty Walsh,…