Close

The Employer Handbook Blog

Updated:

I’m not done with yesterday’s post yet. You need to hear about the retaliation claim!

On Wednesday, I blogged about a woman who worked as a “helper” for a construction company. She alleged that she had to endure misogynist comments from her general manager, who told her in front of others that, since she had “t*** and an a**,” she could not perform certain functions…

Updated:

Is it sex discrimination to assign a woman different tasks than a man in the same job?

A woman received a promotion at a construction company from laborer to helper. Helpers either work on the ground or “at elevation.” The woman had experience working at elevation at another company. She wanted to work at elevation again in her new job to improve her skills because advancements would…

Posted in: Sex
Updated:

How might the Supreme Court’s decision to reexamine religious accommodations impact employers?

Last May, I wrote about this religious discrimination case involving an employer’s duty to accommodate a plaintiff who needed Sundays off to observe his religion. The court decided the case in favor of the employer, which led to this appeal to the U.S. Supreme Court in August, asking that it revisit its…

Updated:

Join me and EEOC Commissioner Andrea Lucas on Friday, 1/20/23, at Noon ET for The Employer Handbook Zoom Happy Hour

I told you that the first Zoom Office Happy Hour of 2023 at The Employer Handbook would be a big one! Earlier in the week, the U.S. Equal Employment Opportunity Commission announced here that it had released its draft of its Strategic Enforcement Plan (SEP). Once finalized, the SEP will…

Updated:

New Jersey’s Mini-WARN Act hecka-employee-friendly amendments start on April 10, 2023

In December, I warned you that New Jersey’s Mini-WARN Act might get that employee-friendly overhaul sooner than you think. That prediction has borne fruit. (Especially for NJ employee-rights class action lawyers.) On Tuesday, NJ Governor Phil Murphy signed legislation to amend the effective date of the changes to NJ’s mini-WARN…

Updated:

Oh, I forgot to mention that the man’s son worked for the same employer. He sued too.

Yesterday, I wrote about a man who claimed that his employer retaliated against him by forcing him to resign after he objected to attending workplace training on anti-racism and gender identity. It was a good story. We employment lawyers have plenty of them. But, perhaps, it wasn’t great. But what…

Updated:

Man alleges antidiscrimination law prohibits mandatory antidiscrimination training. Man is wrong.

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…

Updated:

Join us at 1 PM ET today (1/9/23) on Zoom to discuss the FTC’s new proposed noncompete ban

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…

Updated:

The feds are coming for your company’s noncompete agreements, old and new. You need to read THIS!

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…

Updated:

The FMLA does not protect employees from termination for unrelated reasons (like performance)

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,…