An HR employee claimed that her age motivated her employer’s decision not to select her for a Human Resources Talent Consultant (HRTC) position after the company restructured the HR Department. Why? Because decision-makers allegedly said on a conference call that they were looking for “fresh new blood” to fill the…
I read a recent Sixth Circuit decision. A physician group fired the plaintiff, a nurse, months after she suffered an accident. The group’s subsequent bankruptcy impeded the plaintiff’s efforts to hold it liable for employment discrimination under the Americans with Disabilities Act of 1990 (ADA). Did that stop her from…
Earlier this month, the U.S. Department of Labor announced that an investigation into a Japanese restaurant had uncovered violations of federal wage and hour laws, resulting in 75 servers, sushi, and hibachi chefs not receiving all of their legally earned wages. The final bill was $171,834. That’s a lot of…
Under the Family and Medical Leave Act, an employer can insist that employees comply with the company’s “usual and customary” absentee notice procedures. Often those call-out procedures are part of written leave and attendance policies. But, as one company found out the hard way, “usual and customary” absentee notice can…
The local and national news outlets were buzzing yesterday about a family toting around a five-foot reptile in Philadelphia’s Love Park last week. Meet Wally, the Emotional Support Alligator. Imagine encountering this beast on your afternoon stroll out with the family. This report from the Philly Voice included reactions from some…
Image Credit: Photofunia.com After a ten-day vacation trip with my family (IYKYK) onboard the S.S. Blog Cruiser Royal Caribbean Adventure of the Seas, I’m back to the reality of practicing employment law and blogging about it. Today, let’s play some tunes as we gaze into the crystal ball and predict…
According to this recent Seventh Circuit’s opinion, “when [the plaintiff] returned from medical leave, her employer … did not allow her to return to her previous position as a lead teacher at her school. Instead, it placed her in a backwater position with fewer responsibilities that required her to split…
A transgender woman with gender dysphoria spent six months incarcerated in an adult detention center. Prison deputies initially assigned her to women’s housing. But, after they learned that she was transgender, they quickly moved her to men’s housing. It was a nightmare. In men’s housing, the transgender woman (who I’ll…
I’m presenting on HR compliance issues for remote workers today (via Zoom, naturally). The Family and Medical Leave Act (FMLA) is among the topics I plan to cover. And part of that discussion will involve whether remote workers are eligible to take FMLA leave. (It depends.) And how should businesses…
Perhaps you’ve gotten here because you’ve Googled ‘How long do I have to sue my employer for discrimination?” Either way, let’s discuss. I read this federal court decision last night, the inspiration for this post. It’s an action for age discrimination under the Age Discrimination in Employment Act (ADEA) and…