Usually, when you reach the intersection of exotic dancers and employment law, you find Fair Labor Standards Act lawsuits, like this one, about misclassifying dancers as independent contractors. But this situation. This one is different. Very different. According to Otillia Steadman, writing here for Buzzfeed News, a group of strippers…
Don’t worry. I can get you past the bouncers. The Department of Labor Wage and Hour Division (WHD) previously announced that it is reviewing the minimum wage and overtime rules — specifically, as they relate to exemptions that employers take for bona fide executive, administrative, and professional (EAP) employees under…
I’ll take “blog post titles that I never thought I’d be using in 2022 ever” for $500. On this blog, I’ve often said that employees may have freedom of speech on social media. But their actions can have consequences at work because there is no corresponding constitutional right to a…
Whether a six-figure supervisor is exempt from the Fair Labor Standards Act overtime rules is probably not something that’s kept you up at night — unless you pay your employees a lot of money without paying them a salary (e.g., day rates). Or you’re just an FLSA nerd like me.…
The U.S. Equal Employment Opportunity Commission (EEOC) is providing strategies for employers to expand employment opportunities for workers with unemployment gaps. And there’s also a double-secret EEO-1 Component 1 Report filing extension. Employing the unemployed Last week, the EEOC and the U.S. Department of Labor’s Office of Federal Contract Compliance…
That reads a little bit like a headline from The Onion. But according to this press release from the U.S. Equal Employment Opportunity Commission, a company will pay $79,000 and provide other relief to settle a federal disability discrimination lawsuit in which the EEOC charged that the company violated the…
Last night, I read this federal court opinion where a defendant, sued after firing a plaintiff who used CBD for her disability, got the entire case dismissed. So, let’s talk about how and why. According to the plaintiff’s complaint, she had a disability for which she used an over-the-counter CBD…
A former bank employee is now facing up to $250,000 in fines and ten years in prison because he allegedly wanted to watch The Matrix on a work laptop. Actually, there’s a little more to this story. Shout out to Google, which alerted me to Nate Gartrell’s article at The Mercury…
Hopefully, this question doesn’t have you clutching your pearls. I assume that your business has both an anti-harassment policy and regular training. But some of your employees are jerks. Some use foul language, make rude comments, and even cross the line into behavior that may foster a hostile work environment,…
The general rule in employment law is that an employer’s inconsistencies and contradictions breathe life into discrimination claims. But there are some exceptions. Proving pretext. For example, last night, I read this federal court decision involving an employee fired shortly after complaining to HR about an offensive comment from a…