The nation’s anti-discrimination enforcer is promoting greater equity and inclusion for members of the LGBTQI+ community. Soon, non-binary individuals can select a nonbinary “X” gender marker during the voluntary self-identification questions that are part of the intake process for filing a charge of discrimination. The U.S. Equal Employment Opportunity Commission…
The Employer Handbook Blog
195,000 reasons to remember that state family leave laws don’t always track the FMLA
If you operate a business in a state that has a family and medical leave law, be careful when that state law does not overlap precisely with the Family and Medical Leave Act. For example, in New Jersey, a/k/a the California of the East, an employee can get job-protected leave…
Save yourself a call to your employment lawyer with this easy COVID-19 tool
Wouldn’t it be nice to have a tool to help determine how long employees need to isolate, quarantine, or take other steps to prevent spreading COVID-19? Late last week, the Centers for Disease Control and Prevention (CDC) unveiled this Quarantine and Isolation Calculator to help people know what to do…
Five reasons why EEOC mediation may be right for your business
Last night, in an American Bar Association study, I read that juries decide less than one percent of federal civil cases. Sometimes parties win on motion. But most of these cases settle somewhere along the way. Knowing this — and considering the cost of litigation — it shocks me that…
The Employee Rights of Act of 2022 has a nice ring to it. The problem is…
There aren’t enough Republicans in Congress to provide the votes needed to pass this new bill — let alone overcome a veto from President Biden. But that won’t stop me from talking about it and dreaming wistfully about one day what could be for my employer audience. What is the…
This new bill would allow an employee to skip work “because the employee feels unsafe.”
I’ll admit it. I was wrong. All those times that I joked about California being the “New Jersey of the West” when it comes to employment law. And when I said that New York City or Virginia or some other state or locality was becoming the people’s champ. I was…
That bartender who claims she was fired for COVID-19 weight gain while quarantining may have a solid FLSA claim!
Always wait at least one hour before swimming after a large meal. That big brown shark in the swimming pool isn’t always a Baby Ruth. Hold the cue stick properly. Chalk up before each shot. These are solid (and mildly off-putting) pool tips. But let’s talk about tip pools instead.…
A worker who claims she was fired for COVID-19 weight gain while quarantining is suing for . . . sex discrimination?!?
And she may win. With a tip of my hat to Abby Wargo at Law360, who reported this lawsuit here, I read a bartender’s federal complaint against her former employer. The short of it is this. The plaintiff worked for an adult entertainment venue but was not an adult entertainer or…
Unlawful retaliation can take many forms. But, have you ever seen these?!?
Earlier this month, the U.S. Department of Labor’s Wage and Hour Division issued its second Field Assistance Bulletin of the year. This one is all about protecting workers from retaliation. Retaliation occurs when an employer takes adverse action against an employee because they engaged in a protected activity. The Bulletin provides…
A bill to end hair discrimination takes another step towards becoming federal law.
On Friday, the U.S. House of Representatives passed a bill to prohibit discrimination based on an individual’s texture or style of hair with a vote of 235-189. It’s called the “Creating a Respectful and Open World for Natural Hair Act of 2022” or the “CROWN Act of 2022,” and you…