Opertinicy at en.wikipedia, Public domain, via Wikimedia Commons Yesterday, in this video about the Brian Flores race discrimination lawsuit against the National Football League, Miami Dolphins, Denver Broncos, and New York Giants, my partner and I talked about whether the complaint pled enough facts to withstand a motion to dismiss.…
Tennessee Titans, CC BY-SA 4.0, via Wikimedia Commons On February 1, 2022, the first day of Black History Month, Brian Flores filed a bombshell class-action lawsuit in federal court. Mr. Flores, the former head coach of the Miami Dolphins, claims that the Miami Dolphins, New York Giants, and Denver Broncos…
I’ll bet they didn’t cover this when you were studying for your SHRM-CP, did they? BUSTED! Over the weekend, the Associated Press reported that two nurses were arrested and charged with felony forgery for allegedly faking and selling COVID-19 vaccination cards and pocketing more than $1.5 million from the scheme.…
Print this post if you want to discourage your managers and supervisor from putting dumb sh*t in emails that might one day get shown to a jury and end up costing your business a mint. Last night, I read this opinion from a federal judge in Wisconsin. It’s about an…
In 2020, the U.S. Equal Employment Opportunity Commission sued two employers for terminating a title clerk working at their automobile dealership allegedly over fears that she might have cancer. According to the lawsuit, the employee had missed several days of work due to a sudden illness and then informed management that…
I really wanted to blog about the policemen who got fired for catching Pokémon rather than criminals. But, sigh, I’ll save that for a future blog post. Instead, I’ll share some scoop from Eleanor Mueller at Politico, who reports here that three separate sources have confirmed that the White House…
Yesterday, several news outlets reported that Supreme Court Justice Stephen Breyer will retire at the end of this term. President Bill Clinton appointed Justice Breyer in 1994. Justice Breyer sided with OSHA and HHS in the vaccine mandate cases earlier this month. Indeed, Breyer is considered one of the more…
The U.S. Department of Labor’s Occupational Safety and Health Administration announced yesterday that it has decided to withdraw the vaccination and testing emergency temporary standard issued on Nov. 5, 2021, covering large employers with 100 or more employees. The withdrawal is effective today. But check the fine print. Although OSHA…
I’m going to share with you the Mysterious Case of the Disappearing U.S. Department of Labor Wage and Hour Division Fact Sheet No. 84. Last week, right around the time that my employment law colleagues and I were recording The Employer Handbook Zoom Office Hour (available here on The Employer…
WTH is even left to enjoin anyway? Oh, right, the September 2021 Executive Order 14043 requiring COVID-19 vaccinations for federal workers. As of last Friday, Executive Order 14043 is stayed nationwide — thanks to a Texas federal judge. You can read a copy of his opinion here. Or skip it,…