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Now, THIS is a retaliation lawsuit worthy of becoming a bar exam question.

Sometimes, when deciding whether to blog about a recent federal court decision, I skip the “Factual Background” section and go right to the “Discussion.” That’s where I usually find the most concise, “meat-and-bones” explanation of what the case is about. I did that last night when I read this Minnesota…

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Don’t sleep on state wage and hour laws in 2023, especially if you are a multi-state employer.

I like to tell people who will listen to me, which frequently isn’t even my kids, that I can go into most workplaces and sleuth out at least one wage-and-hour violation. The Fair Labor Standards Act, the complex federal wage-and-hour law, contains many hidden traps that ensnare even the most…

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Fired an employee for violating a social media policy, did you? You may have to pay their credit card debt and mortgage payments.

On Friday’s edition of The Employer Handbook Zoom Office Happy Hour — catch the replay here if you missed it —  we talked about 2022 changes in the law that could impact 2023 updates to your employee handbook. One talked briefly about how the pendulum at the National Labor Relations…

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Join us TODAY at Noon ET for The Employer Handbook Zoom Happy Hour: “The ESSENTIAL Employment Law Updates for 2023″

I don’t know about you, but the COVID-19 pandemic has warped my sense of timing. Still, it seems like a lot happened in 2022 that warrants some discussion about how employers should revise their employee handbooks for 2023. Covering 50 states, the District of Columbia, and Puerto Rico seems ambitious;…

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Pennsylvania’s employment laws appear to be inching closer to New Jersey’s (aka the California of the East)

When I think of Pennsylvania, it’s the Liberty Bell, cheesesteaks, and that putrid football team from Pittsburgh with the fans that wave yellow towels. I also think of employer-friendly employment laws. But one of those associations may soon be eroding. (Spoiler alert: not my opinion of the hapless Steelers). Last…

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Keeping open lines of communications, and other ways to demonstrate good faith under the ADA

A recent Eighth Circuit decision helps show how an employer can discharge its obligations to engage in the Americans with Disabilities Act interactive process in good faith. Remote work during flare-ups The case involves a plaintiff with multiple sclerosis who worked in customer service at a hospital, the defendant. After…

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Can you rescind a job offer because you learn a candidate sued a prior employer for discrimination?

Probably a bad idea. Especially if defending U.S. Equal Employment Opportunity Commission lawsuits isn’t your jam. The EEOC newsroom is usually full of great blog fodder, and this press release about a recent $60,000 settlement of a unique retaliation lawsuit scratched my itch. According to the EEOC, it sued an employer…

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Join us on Friday, 12/16/22 at Noon ET for The Employer Handbook Zoom Happy Hour: “The ESSENTIAL Employment Law Updates for 2023″

Are you ready for the employment law changes that 2023 has in store for your company? If you’ve been thinking about updating your employee handbook and onboarding documents but don’t know where to begin (or end), we’ve got you, fam. Join me and my employment law partners, Christina Bost Seaton,…

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Join us today at Noon ET for The Employer Handbook Zoom Happy Hour: “In-House Counsel’s Workplace Dreams and Nightmares”

I am so stoked for today’s edition of The Employer Handbook Zoom Office Happy Hour. I’ll tell you why. I’ve convinced my friends, Meyling “Mey” Ly Ortiz and Edward Fronczkiewicz, to share their in-house counsel perspectives on employee relations. In her role as Managing Counsel of Employment & Labor at…

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Law restricting arbitration of sexual harassment claims doesn’t apply retroactively, says court that can read the law

Your tax dollars at work, folks. Well, technically, just those of us in New Jersey. Before I tell you about this recent decision, I’ll offer a brief history lesson. In July 2021, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 was introduced in the U.S.…