:
Updated:
The EEOC says that DEI training may lead to a hostile work environment claim.
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Updated:
The EEOC Defines “Illegal DEI” – What Employers Need to Know
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Updated:
Employer Alert: A New EEOC DEI Investigation Sparks Debate Among Past and Present Leaders
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Updated:
Trump Rescinds Biden’s Labor Orders: What It Means for Federal Contractors
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Updated:
Two Judges Defend DEI—But Still Rule in Favor of Trump’s Anti-DEI Executive Orders
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Updated:
One Misstep Cost This Employee His Accommodation—and His Case
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No Women Allowed? That’ll Cost You $1.6 Million
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Updated:
FTC’s Non-Compete Ban: Have We Reached A U-Turn or Just a Detour?
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Updated:
Retaliation, Racial Slurs, and HR Failures: An Employer’s Roadmap to a Jury Trial
:
Updated:
This University Was Sued Over Antiracism Training—Here’s Why the Court Dismissed It
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Updated:
NLRB Back in Action: Understanding the Wilcox Decision and What It Means for Employers
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Updated:
Was This an Example of “Illegal DEI”? We’ll Never Know For Sure.
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Updated:
Believe It Or Not: Atheists Can Have Religious Discrimination Claims Too
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Updated:
No, Your Religion Doesn’t Justify Workplace Bigotry—And, No, the Supreme Court Won’t Save You
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Updated:
Not Digging Deep Enough? The Dangers of Mediocre Workplace Investigations
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Updated:
Pro Tip: If You See a Gun at Work, Don’t Wait Three Days to Tell Someone
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Updated:
AI Predicts Unanimous Supreme Court Ruling on Workplace Discrimination
:
Updated:
No Sanctuary from Title VII: Judge Rejects Religious Defenses in Transgender Firing Case
:
Updated:
15 States Offer Tips On How DEI/DEIA Initiatives Can REDUCE Legal Risk for Your Business
:
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Federal Judge Blocks Key Provisions of Executive Orders Targeting Workplace DEI Programs
:
Updated:
Join us on March 12 at 2 ET for “DEI Now: Where to Stop, Proceed With Caution, and Move Ahead”
:
Updated:
“Anti-American” Bias in Hiring? The EEOC Says It’s Watching
:
Updated:
Are You Paying Employees Correctly? The Travel Time Rule You Can’t Ignore!
:
Updated:
Did I ever tell you about that grocery worker fired for buying beer 🍺 for her underage grandson who then claimed age discrimination?😱
:
Updated:
From Protection to Rejection: How The EEOC’s New Stance on Trans Rights and Gender Identity Impacts Employers
:
Updated:
Subject: Out of Office – Fly Eagles Fly!
:
Updated:
Trouble Brewing? Missouri Serves Up DEI Discrimination Lawsuit Against Starbucks
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Updated:
Discomfort Isn’t Discrimination: Court Sides with DEI Training
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From Termination To Trial: Why Employers Need a Consistent Story
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Updated:
When Actions Speak Louder: Age Discrimination Without Words
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Updated:
DOJ To Employers With DEI Policies: We May Pursue You Civilly And CRIMINALLY.
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Updated:
You’re Fired! (Or Are You?): The NLRB Drama Heads to Court
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Updated:
FMLA: When ‘Leave’ Means ‘Stop Calling Me!’
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No Laughing Matter: How a Comedian’s Racist and Sexist Jokes Led to a CFO’s Retaliation Claim
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Updated:
She Admitted to Falsifying Company Records—And Might Still Win Her Lawsuit
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Updated:
Skipping the Interactive Process? Meet the Courtroom.
:
Updated:
Why is the EEOC suddenly deleting gender identity discrimination resources from its website?
:
Updated:
While You Were Sleeping… President Trump Reshaped the EEOC and NLRB
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Updated:
How could racial slurs and offensive graffiti not be a hostile work environment? I’ll try to explain.
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Updated:
Beyond the Doctor’s Note: Tools for Validating FMLA Requests
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Updated:
Religious Exemptions 101: WWJD? (What Would Judges Do)
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Updated:
DEI Shake-Up: What President Trump’s Executive Order Means for Your Business
:
Updated:
New EEOC Chair, New Focus: What Businesses Should Know
:
Updated:
Splish Splash, That’s Not Your Cash! New DOL Guidance Keeps Managers out of the Tip Pool.
:
Updated:
FLSA Exemptions For Employers: Now 40% Less Daunting, 100% Still Your Problem
:
Updated:
Paid Leave Jigsaw: New DOL Guidance for Employers to Fit FMLA and State Rules Together.
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Updated:
Cheeseheads, Consequences, and Crossing the Line: HR Lessons from the Stands
:
Updated:
When the Cat’s Paw Scratches: How a University Got Schooled on Employment Law
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Avoid this employer’s mistake. Here’s why your business should focus more on accommodations than the underlying disability.
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Reorg Roulette: When Office Shuffles Lead to Legal Kerfuffles
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Updated:
Retaliation Station: When Harassment and Termination Claims Take Different Tracks
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Hiring Hiccups in Discrimination Cases: When Gut Feelings Aren’t Just Gas
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Updated:
When Accommodation Requests Go AWOL: A Cautionary Tale For Employers
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Updated:
This is how I’d explain a hostile work environment to a ten-year-old.
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Updated:
Our employee on a modified work schedule misses too much work. What do we do?
:
Updated:
When Discrimination Claims Go Under the Knife: A Surgeon’s Legal Misadventure
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Updated:
Must companies pay employees for time they spend lollygagging on the job?
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When the Employment Lawyer Becomes the Plaintiff: Lessons from an ADEA Case
:
Updated:
Underwear Where?!? A Cautionary Tale of Retaliation, Timing, and Documentation
:
Updated:
EEOC to employer: You didn’t accommodate painful menstrual cramps. See you in court!
:
Updated:
A Legal Tale Before Christmas: How a $2,575,000 jury award for retaliation got reduced to one measly buck.
:
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Feds to Supreme Court: Level the playing field for plaintiffs claiming reverse discrimination
:
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Wearables at Work: An EEOC “Fit” for HR Compliance and Productivity
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Updated:
What HR should know about the EEOC’s New Guidance on the Pregnant Workers Fairness Act (PWFA) for Health Care Providers
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Updated:
Did this employer fall for the FMLA (in loco) parent(is) trap?
:
Updated:
Let’s revisit Friday’s post about what state’s laws apply to a remote NJ worker’s employment claims
:
Updated:
Can out-of-state remote workers handpick the most favorable state employment laws for a lawsuit?
:
Updated:
Unions see red (and businesses may see red soon too) as the Senate rejects Biden’s NLRB chair renomination
:
Updated:
Blunt Reality: NJ cannabis users cannot sue over rescinded job offers
:
Updated:
How can an individual without an actual disability still have an ADA claim?
:
Updated:
Can an employee sue for discrimination because of a denied PTO request? (Spoiler alert: yes.)
:
Updated:
Join me and my friends on Wednesday, December 11 for HR Festivus. (And it’s free)
:
Updated:
Think the FTC is done taking on restrictive covenants? Think again!
:
Updated:
Three lessons for employers from Lizzo’s employment litigation
:
Updated:
Can companies exit bias lawsuits by arguing that the same person hired and fired the plaintiff?
:
Updated:
The ADA does not require do-overs or relaxing important job requirements to accommodate individuals with disabilities
:
Updated:
In a break from tradit—- ok, ok, we won’t break tradition. Let’s rank Thanksgiving foods again.
:
Updated:
Can employers pay inflated expenses to employees and avoid counting them towards overtime?
:
Updated:
What should employers know about Lori Chavez-DeRemer, Trump’s pick to run the DOL?
:
Updated:
Read this before firing an employee for having an Only Fans account
:
Updated:
FMLA covers serious health conditions. But what about clinical trials for serious health conditions?
:
Updated:
New Jersey joins the club of states with pay transparency laws.
:
Updated:
Join us today at Noon ET on Zoom to learn how November’s election results may impact employment laws in 2025
:
Updated:
Déjà vu all over again: a Texas federal judge erased the new OT rules nationwide
:
Updated:
Is a union trying to organize your workplace? Here are two common things companies can no longer do to stop it.
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Updated:
A coworker’s racist, sexist, and homophobic comments weren’t enough to create a hostile work environment. Here’s why.
:
Updated:
A “Situations and Solutions Finder” to make ADA job accommodations easier to provide? Yes, please.
:
Updated:
Looking for Dallas-area BBQ recommendations for this weekend.
:
Updated:
Join us on November 19 at Noon ET on Zoom for a look at how November’s election results may impact employment laws in 2025
:
Updated:
When employees publicize their own confidential health information it’s no longer confidential.
:
Updated:
Court to white plaintiff: diversity does not equal discrimination
:
Updated:
Don’t let these three manager mistakes undermine your company’s business judgment on ADA essential job functions.
:
Updated:
Is it ok if our managers discourage employee use of FMLA leave, without actually denying it?
:
Updated:
This simple job description tweak could save your company from disability bias claims
:
Updated:
What should employers do if they doubt the sincerity of an employee’s religious beliefs? NOT THIS!
:
Updated:
Paid sick leave for employees to care for pets? One major city may soon require it.
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Updated:
Wait until you see how EASY it is to plead a claim of discrimination in federal court
:
Updated:
The DOL released a best practices guide for employers on “Artificial Intelligence and Worker Well-being”
:
Updated:
How can your business avoid retaliation claims? Just do what this company did.
:
Updated:
The FTC is all-in on its proposed noncompete ban, appealing the nationwide injunction against it.
:
Updated:
Did this employee get caught trying to pull a fast one? Or did the company interfere with his FMLA rights?
:
Updated:
Force your employees to sign THIS, and the EEOC may nail you for ADA interference
:
Updated:
100,000 reasons to accommodate an employee after she experiences a stillbirth (and not fire her four days later)
:
Updated:
Rest in Peace: Lilly Ledbetter, an equal-pay activist and icon
:
Updated:
An employee facing termination of employment requested FMLA leave. It didn’t save him from getting fired. Here’s why…
:
Updated:
Join us today on Zoom at Noon ET to learn the playbook of an employee-rights attorney (who used to represent employers).
:
Updated:
Your HR Guide to Hurricane Milton
:
Updated:
I’m pretty sure I found Exhibit “A” in a new EEOC pregnancy bias lawsuit. It will blow your mind 🤯
:
Updated:
Should it be harder for straight workers to prove bias than gay workers? How about a heightened standard for white workers to prove discrimination? The Supreme Court will decide.
:
Updated:
Join us on Zoom on Friday, October 11 for “To the Dark Side (or perhaps seeing the light).”
:
Updated:
Will you help a friend impacted by Hurricane Helene?
:
Updated:
With so many religious holidays coming up, make sure your managers don’t do THIS.
:
Updated:
The EEOC just sued some employers for preventing transgender employees from using restrooms consistent with their gender identity
:
Updated:
If your pregnant employee experiences a stillbirth or miscarriage, whatever you do, don’t do this
:
Updated:
THIS must be part of your 2025 anti-harassment training if it’s not already,
:
Updated:
Do we have to hire the best candidate for the job … if they have a visible Swastika tattoo?
:
Updated:
The FTC is appealing one of its non-compete losses. Should employers be nervous?
:
Updated:
A 100%-healed policy may 100% violate the Americans with Disabilities Act and the Family and Medical Leave Act
:
Updated:
Why would an employee sue his employer for offering him 100% telework as a disability accommodation?
:
Updated:
What happens when a company terminates someone for FMLA fraud when they weren’t actually misusing it?
:
Updated:
Lying lawyer loses lawsuit. Let’s look.
:
Updated:
Rip this FMLA policy out of your employee handbook. And burn it with fire.
:
Updated:
Court to feds: You can keep using salary to measure which workers should receive overtime
:
Updated:
FTC: It may be more than a year before a court greenlights our non-compete rule — if at all
:
Updated:
EEOC sues company for supposedly imposing a one pregnant-employee limit for its workforce
:
Updated:
This employer went to the hospital and fired its employee while in psychiatric treatment. Then it defeated his FMLA claim.
:
Updated:
An employer’s offer of remote work from the office may be an ADA reasonable accommodation alternative to work from home
:
Updated:
Did you know that even temporary impairments like a back injury can qualify as disabilities?
:
Updated:
It turns out that an employee planning her “exit strategy” with her attorney wasn’t constructively discharged from her job.
:
Updated:
Share this post with someone who (mis)uses the term “salary exempt.”
:
Updated:
A self-proclaimed “dirty old man” did not create hostile work environment. Not even in California.
:
Updated:
Can we refuse to hire someone who previously filed an EEOC charge against us?
:
Updated:
Can an employer force an employee to arbitrate ***checks notes*** a charge of discrimination?
:
Updated:
Here’s something you may not know about hostile work environment claims
:
Updated:
Why, oh WHY, did a court determine that ASTHMA IS NOT A DISABILITY?!?
:
Updated:
A federal appellate court struck the DOL’s “arbitrary and capricious” tip credit rule for tipped employees
:
Updated:
875,000 reasons why the customer isn’t always right
:
Updated:
Three reasons why a Texas federal court may block the FTC’s noncompete rule nationwide
:
Updated:
HR told me I was fired for not losing my religion
:
Updated:
“This case arises from a workplace romance.” It began as “an affair” when “they were not yet colleagues, only lovers.”
:
Updated:
Mark your calendars for two FREE employment law webinars this month.
:
Updated:
An employer that supposedly instructed employees to pray away COVID-19 now must face religious discrimination claims.
:
Updated:
This, if true, is what we call direct evidence of race discrimination
:
Updated:
Two white men suing for discrimination got called out for a “serious misunderstanding of the law or its purposeful misapplication.”
:
Updated:
Proving a disability in court isn’t that hard. (Even judges mistake how easy it is.)
:
Updated:
Gadzooks! This is one of the largest wage and hour judgments ever!
:
Updated:
Social media posts from outside the office can foster a hostile work environment at work
:
Updated:
Oh, you think you know retaliation, do you? Wait until you see this.
:
Updated:
Join us on 8/13/24 at Noon ET for “Everything Employers Need to Know Now About the FTC’s Non-Compete Rule”
:
Updated:
Beware of the bones in your boneless chicken wings. Wait, what?!?
:
Updated:
Firing fast in certain situations can help defeat retaliation claims. Yes, firing FAST!
:
Updated:
🚨A Pennsylvania federal judge DENIED an employer’s request to block the FTC’s non-compete rule.🚨
:
Updated:
Heads up, Pennsylvania healthcare providers! The Commonwealth passed a new noncompete law.
:
Updated:
Must an employer grant a RETROACTIVE workplace accommodation if a disabled employee requests one??
:
Updated:
How to investigate claims of harassment — when the accused is part of HR
:
Updated:
50,000 reasons to reconsider scolding an HR Manager for investigating sexual harassment claims (i.e., doing their job).
:
Updated:
There’s a right way and a wrong way to investigate FMLA fraud, as one employer found out.
:
Updated:
Previously overlooked, a black man changed the name on his resume to sound less ethnic. Then, he got an interview. Now, he’s suing.
:
Updated:
How to address employees that refuse unconscious bias training
:
Updated:
A second bite at the apple? Plaintiffs ask to reconsider a nationwide injunction on the FTC noncompete rule
:
Updated:
Here are a few pages to add to your ADA accommodation playbook from a recent federal appellate court decision
:
Updated:
Heads up, employers. It’s a lot easier for employees to claim discrimination — even without getting fired.
:
Updated:
A good-faith belief that an employee violated work rules may not be enough to defeat a discrimination claim
:
Updated:
Yesterday, a court did block the FTC’s noncompete rule. But, here’s the thing…
:
Updated:
A Texas federal judge should decide the fate of the FTC noncompete rule today. So, let’s make this interesting….
:
Updated:
No Chevron? No new overtime rules allowed, rules Texas judge.
:
Updated:
“Chevron” for non-lawyers
:
Updated:
Employers: It’s time again to have an employment lawyer review your severance agreements.
:
Updated:
The difference between what an employees feels is a hostile work environment and a genuinely unlawful one.
:
Updated:
Here’s what not to do when an employee discloses her disability on her first day of work.
:
Updated:
Supreme Court to decide if former employees can invoke the ADA for post-employment benefits
:
Updated:
Your non-competes and non-solicits may violate ANOTHER federal law: the National Labor Relations Act
:
Updated:
Poor Yelp reviews — and not retaliation — are why this rude restaurant hostess got fired
:
Updated:
The Supreme Court will review how employers can establish overtime exemptions
:
Updated:
Meanwhile, another court has blocked “elective abortion” accommodations under the PWFA regulations
:
Updated:
Court denies 17 states’ challenge to abortion leave under the EEOC’s pregnancy regulations
:
Updated:
Trouble brewin’ for the feds’ efforts to block unfair labor practices after yesterday’s Supreme Court ruling
:
Updated:
A new “Epic” measure in Congress aims to end arbitration of employment claims
:
Updated:
A company reportedly shut down its business rather than go union. Wait, can it do that?!?
:
Updated:
Even some judges mistake how easy it is for an employee to claim age discrimination
:
Updated:
How did this employer terminate an employee while on FMLA without violating the law?
:
Updated:
Don’t use THIS FONT in your legal briefs (or anywhere else probably).
:
Updated:
Is it worse to smoke a cigarette in a tanker truck carrying highly flammable substances or drive it recklessly?
:
Updated:
There’s no bright-line rule or magic words needed for employees to request workplace accommodations.
:
Updated:
An employer that refuses to accommodate an employee’s disability can still win an ADA lawsuit. Here’s how.
:
Updated:
Here’s why the FTC thinks its non-compete rule will survive a legal challenge
:
Updated:
Got an age discrimination claim? It’s not that hard to plead one in court.
:
Updated:
The world’s largest HR organization does NOT support the FTC’s non-compete rule
:
Updated:
Today’s letter of the day is “P,” as in “Pretext”
:
Updated:
Did this company retaliate or simply exercise its First Amendment right (to BLAST its employee on Facebook)?
:
Updated:
Various employer associations have sued to block the DOL’s new overtime rule
:
Updated:
If your company handles military leave for employees this way, you may be doing it all WRONG
:
Updated:
Supervisors playing doctor — unless they’re doctors — is a bad idea
:
Updated:
Can a single incident that the plaintiff doesn’t witness create a hostile work environment?
:
Updated:
Let’s update you on some recent NJ employment law developments
:
Updated:
Here’s why the Chamber of Commerce believes the FTC’s non-compete rule is unlawful
:
Updated:
Retaliation can come in all shapes and sizes
:
Updated:
Court: Denying coverage for gender-affirming care to transgender employees is sex discrimination
:
Updated:
Hey, HR! Avoid the same mistake that this HR Department allegedly made when responding to an employee’s complaint.
:
Updated:
Congress takes a step closer to ending forced arbitration of age bias claims
:
Updated:
A new bill in Congress would uncap damages in federal discrimination lawsuits
:
Updated:
This guy didn’t need an accommodation to perform his job. He wanted one to avoid discipline.
:
Updated:
Man tests positive for marijuana, blames it on his lip balm, and doubles down with an ADA lawsuit.
:
Updated:
With the DEA reportedly ready to ease restrictions on marijuana, the ADA landscape changes for employers
:
Updated:
Must an employer accommodate an employee who won’t use transgender names and pronouns?
:
Updated:
DOL to Employers: Using artificial intelligence does not excuse compliance with the FLSA and FMLA
:
Updated:
The EEOC has finalized its new workplace harassment guidance
:
Updated:
See you on Zoom today at Noon ET to address the FTC’s noncompete ban and the DOL’s OT changes
:
Updated:
17 states sue to block the EEOC from greenlighting abortion leave under the Pregnant Workers Fairness Act
:
Updated:
Let’s have another Zoom on Monday, 4/29/24, at Noon ET to address the FTC’s noncompete ban and the DOL’s OT changes
:
Updated:
It’s official. The feds plan to ban most employee noncompetes. But is this fire or smoke?
:
Updated:
How did a white man convince a jury to award him over $10M for race and gender discrimination?
:
Updated:
Can harassment of OTHERS help prove that a plaintiff endured a hostile work environment?
:
Updated:
Join us today at Noon ET for The Employer Handbook Zoom Happy Hour to discuss the EEOC’s Pregnant Workers Fairness Act Final Rule
:
Updated:
Yesterday, the Supreme Court cleared up when a job transfer may be discriminatory. But not really. Actually, not at all.
:
Updated:
Next week, the feds will vote on whether to ban most noncompetes
:
Updated:
The EEOC has issued its final rules on the Pregnant Workers Fairness Act. So, let’s Zoom on Friday, April 19, 2024 at Noon ET.
:
Updated:
Man wins $1.5M discrimination verdict. Then the appellate court completely erased it. Here’s why…
:
Updated:
Have you ever heard of an “intersectional” discrimination claim?
:
Updated:
When is an employer AUTOMATICALLY liable for a supervisor’s sexual harassment of a subordinate?
:
Updated:
Hair discrimination isn’t unlawful. But, firing a black employee because of her natural hair texture is.
:
Updated:
Can employers legally favor transgender employees over cisgender employees?
:
Updated:
Must employers excuse workers with strong religious beliefs from respect-in-the-workplace training covering LGBT topics
:
Updated:
Court to Labor Board: Your “misguided attempt to find a labor-law violation” is “nonsense”
:
Updated:
Some complaints of sexual harassment aren’t protected at all
:
Updated:
Court to employers: Don’t wait too long to arbitrate employments claims
:
Updated:
Folks, misgendering an employee can be severe and pervasive enough to create a hostile work environment.
:
Updated:
“This case illustrates why the Americans with Disabilities Act (ADA) exists.”
:
Updated:
Generally, an employer’s duty to accommodate takes more than an employee merely disclosing a disability
:
Updated:
Let’s get back to basics: FMLA notice requirements
:
Updated:
“March Madness” is ***checks notes*** not a serious health condition.
:
Updated:
A new bill in congress would guarantee all workers get two weeks of paid time off
:
Updated:
An employer settled claims it refused to accommodate a pregnant worker who then miscarried
:
Updated:
In rejecting an employee’s claim that DEI training fostered a hostile work environment, a federal appellate offered a stern warning to employers
:
Updated:
Here’s how bad documentation can cost a company big bucks when a former employee sues
:
Updated:
The Thirty-Two Hour Workweek Act, introduced this week in Congress, is exactly what you think it is
:
Updated:
Employers must adjust employee performance standards to avoid penalizing employees on FMLA leave
:
Updated:
Is complaining about a hostile work environment enough to support a retaliation claim? Maybe. Maybe not.
:
Updated:
When an employee sues, what law applies when they’ve worked in two states?
:
Updated:
A federal judge has nixed the NLRB’s proposed new joint-employer rule
:
Updated:
Here’s what happens when a judge catches a plaintiff fabricating evidence of sexual harassment
:
Updated:
Is it racist to falsely accuse someone of being a racist?
:
Updated:
Can states legally ban “woke” training in the workplace?
:
Updated:
An employer that fired an employee for a positive marijuana test may have discriminated against him too.
:
Updated:
The Employer Handbook Friday Zoom Happy Hour Returns on Friday, March 8 at Noon ET
:
Updated:
Instead of hiring a lawyer, a business owner ordered to pay wages used AI to prepare his appeal. It was a giant clusterf**k!
:
Updated:
Should Mrs. Doubtfire have been paid overtime?
:
Updated:
Are we seeing a trend? More judges aren’t falling for spurious COVID-19 religious accommodation claims.
:
Updated:
How do we help an employee who blurts obscenities and racial slurs to our customers uncontrollably?
:
Updated:
Can employers ban workers from wearing Black Lives Matter insignia to protest discrimination at work?
:
Updated:
An employee who wanted religious exception for the COVID-19 vaccine got called on it. Guess what happened next?
:
Updated:
145,000 reasons not to tell an employee they have “old-timers disease.”
:
Updated:
There’s one state where bringing a sexual harassment claim is much easier than the rest
:
Updated:
It’s 2024 and federal law still does not protect medical marijuana users from getting fired for testing positive.
:
Updated:
This Employee Relations Department redeemed itself (sort of).
:
Updated:
In January, a 78-year-old receptionist was named “Employee of the Year.” In February, she was fired.
:
Updated:
Here are four ways to BOTCH a sexual harassment investigation
:
Updated:
How do we help our employee who tells us she has early-onset Alzheimer’s disease?
:
Updated:
Not all retaliation laws are alike. There’s one that doesn’t even require any intent to retaliate.
:
Updated:
A federal jury awarded $1,675,000 to a deaf applicant passed over for two warehouse positions
:
Updated:
Here are 105,000 reasons not to force an older worker to retire
:
Updated:
A court correctly dismissed claims of age discrimination, IMO. But, this employment lawyer still has a bone to pick.
:
Updated:
Do as I say, not as I do? (You won’t believe how much the feds paid to settle allegations of “egregious and continual sexual harassment.”)
:
Updated:
Will training white employees on “white fragility” and other concepts linked to racism create a hostile work environment? Probably not.
:
Updated:
Training about racism can foster a hostile work environment. Wait, WHAT?!?
:
Updated:
An EEOC Commissioner takes issue with a billionaire’s position on Diversity, Equity and Inclusion
:
Updated:
EEOC launches new outreach effort to help underserved communities and vulnerable workers
:
Updated:
Next time, just give her the damn stool.
:
Updated:
Help Wanted: Bartender. Must be biologically male
:
Updated:
Reasonable accommodations for disabled employees need to be reasonable, not perfect
:
Updated:
Here are forty thousand reasons why “equal pay for equal work” applies to male victims too
:
Updated:
An employer’s response to a complaint of harassment doesn’t need to be perfect. Just ok may do.
:
Updated:
Next time, maybe she’ll just get that tattoo.
:
Updated:
Did this guy’s performance really nose-dive? Or did his age motivate his abrupt termination?
:
Updated:
Employee claims bias when employer failed to hire an inferior candidate.
:
Updated:
Folks, we have our first lawsuit to try to KO the DOL’s new independent contractor rule
:
Updated:
Let’s revisit how to handle FMLA and FLSA for a snow day office closure.
:
Updated:
Join me on Wednesday, January 17, at 1 PM for a webinar on the new DOL Independent Contractor Rules
:
Updated:
Today’s free “wage and hour 101” post is the silver lining to an employer’s $1.6M screw-up
:
Updated:
A company supposedly awarded a black employee a trophy for “Least Likely to Be Seen in the Dark.” WTH?!?
:
Updated:
Here are five things for employers to know about the DOL’s new independent contractor rule
:
Updated:
The EEOC’s new General Counsel is targeting Antisemitism, Islamophobia. So should you.
:
Updated:
A company must rehire a moonlighting comic it fired for his ‘inflammatory’ standup routine.
:
Updated:
Eric, you forgot to tell us if ‘Die Hard’ is a Christmas movie.
:
Updated:
Even with DIRECT EVIDENCE of discrimination, the employee’s race bias lawsuit was DOA
:
Updated:
Here’s your annual reminder not to misjudge and stereotype when employees with disabilities may be a “direct threat” to others.
:
Updated:
New employment laws may not just expose employers to liability; they may double it!
:
Updated:
What’s next? I’m a founding partner of one of the largest law firm launches in American legal history.
:
Updated:
A love letter to FisherBroyles
:
Updated:
These were the most read posts of 2023. Plus, a MAJOR announcement coming on Friday…
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Employers, here are 110,759 reasons why you’re not the religion police.
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Is ‘Die Hard’ a Christmas movie?
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What do you think? Is this a hostile work environment? (Spoiler alert: no.)
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No, my guy, your employer did not unlawfully stereotype your masculinity by firing you for sexual harassment.
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“Vague and conclusory” allegations are not enough to pursue claims of discrimination in court.
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85,286 reasons not to treat an employee differently because their family member is disabled
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It may be okay to terminate someone after they complain about discrimination if…
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What’s the worst that could happen to a former employee who hacks your network and lies to the feds about it?
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Did you know that companies can sue for race discrimination too? (And potentially win.)
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Employers do not need to recreate accommodations that do not exist to help employees with disabilities
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A bipartisan group in Congress wants to make it easier for employees to prove age discrimination
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An employee couldn’t show that ending her temporary position was discriminatory. I wonder why…
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As one person found out on Monday, it’s not so easy to prove sexual orientation bias when you’re straight.
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Noncompetition Agreements and Restrictive Covenants in New York
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This is what a settlement with the EEOC looks like after they sue for discrimination
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How can you tell if in-office work is truly an essential function of an employee’s job?
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How can you tell if full-time work is truly an essential function of an employee’s job?
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One court finally answers the question: when does extended medical leave become unreasonable?
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Could a shoddy investigation into a complaint of discrimination lead to a viable lawsuit by . . . the accused?
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Here’s another reason to have a lawyer review your company’s separation and settlement agreements
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….and STILL the reigning, defending champion of Thanksgiving foods is STUFFING!!!
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Ok, NOW let’s rank the top Thanksgiving foods for 2023!
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An employer cannot rely on a contract to discriminate
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POLL RESULTS (sort of): Only about half of employers still have COVID-19 policies
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POLL: Does your business have a COVID-19 policy?
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They don’t call it FMLA interference for nothing
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281,870 reasons not to attempt a kickback scheme to avoid paying overtime
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A Tennessee man who claims he was fired from his job over tweets made in California can sue that person in Tennessee
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Today, at Noon ET, join us for “Antisemitism and the Workplace” on Zoom. It’s free to attend.
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The “E” in injunction stands for “evidence.” (Who’s gonna tell him there’s no…)
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This recent federal court decision makes me further question the utility of drug testing for most positions.
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A woman was reprimanded after complaining about sexual harassment. That’s usually not retaliation. Here’s why.
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Join us on 11/10/23 at Noon ET for The Employer Handbook Zoom Happy Hour: Antisemitism and the Workplace
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An employer got sued for age bias. It admitted wanting to advance younger employees. It prevailed. HOW?!?
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“Oh, they paid you less than market value? Yes, we love your novel equal pay legal theory. Tell us more!”
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REMINDER: Employers can start filing their 2022 EEO-1 Reports
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Can an employer exclude older job applicants for marketing purposes?
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What are there legal risks of making a worker participate in an Employee Assistance Program?
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There’s a new joint-employer rule. Wait, another one?!? Yes, this one involves employers and labor unions.
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Complaints of discrimination can come in all shapes and sizes
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Why was talk of confederate flags and cursing the President not “extreme” enough to be a hostile work environment?
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In some places, federal antidiscrimination laws are much broader than you may realize
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I’ll give you a million reasons not to ask employees and applicants about family medical history
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On Instagram, an ER doctor said Israelis got “a taste of their own medicine.” CORRECTION: Former ER doctor.
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It’s not often an employee has direct evidence of discrimination. But I found one that did.
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What rights do former employees have under the ADA? Well, it depends.
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Did you know that a bird — a macaw, specifically — can create a hostile work environment?
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Should this employer have been able to predict future sexual harassment?
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The person who promoted me later demoted me. That’s sexist, the plaintiff claimed.
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Law student BLAMES ISRAEL for Hamas terrorism. Law firm promptly RESCINDS student’s JOB OFFER.
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Will your business be ready for how recent events in Israel will undoubtedly impact your workplace?
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Talent acquisition specialist fired after video surfaces of her xenophobic rant on a train
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How does a convicted drug-dealing felon get a trial on his failure-to-hire discrimination claim?
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Thinking about a mutual non-disparagement provision in a separation agreement? Read this!
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Might you need to modify work schedules for disabled employees to make their commute safer?
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EEOC sues “Bark If You’re Dirty” pet store for sexual harassment and sex discrimination. Because of course.
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At long last, the EEOC has proposed new workplace harassment guidance.
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After the Supreme Court raised the bar for religious accommodations, an appellate court smacked a defendant with it
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Could denying vacation requests be grounds for a . . . discrimination claim?!?
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Here are five signs that your employee’s retaliation lawsuit ain’t all it’s cracked up to be
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An accused sexual harasser thought he had smoking-gun evidence of race discrimination. As it turns out, however…
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EEOC: Hey, employer! You refused to accommodate an injured desk clerk with a stool. A simple stool.
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The EEOC has released its updated enforcement playbook. And I have a copy.
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Can we fire an employee who complains about discrimination and is dead wrong?
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Some drug rehabilitation center patients sued for, get this, unpaid overtime. And they may win!
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The EEOC and DOL are teaming up to enforce federal employment law
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Class-action lawyers could be salivating at this new “wage theft” bill in Congress.
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WARNING: This could be one of my nerdiest FMLA posts yet.
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Five plant managers learned the hard way that betting on which workers will get COVID-19 doesn’t pay
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No, getting fired after telling a supervisor you are pregnant is not retaliation. Or is it?
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The employee who claimed she was drugged, raped, and blackmailed by a supervisor LOST her discrimination lawsuit. HOW?!?
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Let’s revisit whether morbid obesity is a disability (and why, sometimes, it may not matter).
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Court re-orders 8 hours of religious-liberty training for an employer’s lawyers; says they need it “direly.”
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I know when you can start filing EEO-1 Component 1 Data. Here’s a hint: 🎃🍬🍫
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Another employer learns the hard way that it’s better to hire slow and fire fast
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This is not a drill. A new, federal overtime proposal will cost employers $1.2 billion.
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What is (and is not) considered retaliation?
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The feds are trying to make unionizing your workplace easier than draining a two-foot putt.
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I may have located the blueprint showing when regular, in-person attendance is an ADA essential job function
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An employer asked an employee for a doctor’s note with every intermittent FMLA absence. Here’s how it turned out…
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There’s a deadline to file discrimination charges with the EEOC. An employee learned that courts rarely excuse late filings.
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Does Title VII only cover ultimate employment decisions? Another federal appellate court doesn’t think so.
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If your company rounds employee start and stop times, you may want to read this. (Also, if you like Ratt.)
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Why might the Phillie Phanatic get paid for the time it takes to get into costume at the ballpark?
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Can a company require OT — even if a disability prevents an employee from working long hours?
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EEOC claims four HR employees facilitated two acts of disability bias against the same person
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Here’s why so many employers make a mess of the overtime rules.
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The ADA may require accommodations for alcoholics. But it can get tricky when police are involved.
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OMG! A judge ordered a company’s lawyers to complete eight hours of religious-liberty training.
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Take me out to the ballgame.
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Here’s something you might not have known about the new federal pregnancy accommodation law.
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Elon Musk says X will fund legal bills for employees “unfairly treated” for posting or liking on the platform
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50,000 reasons not to mandate prayer at work
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New NLRB standards will require even more employee handbook updates. (My kids’ college funds thank you.)
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Sometimes, the only reasonable accommodation is one where the employee doesn’t work.
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Is do-it-yourself dialysis at work an ADA reasonable accommodation? The EEOC thinks so.
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A new bill will greenlight federal employment for marijuana users
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Yes, you must comply with the Temporary Workers’ Bill of Rights in New Jersey
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Thank you, EEOC, for this new ADA visual disabilities in the workplace guidance document
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What state’s employment laws apply when a non-resident remote worker sues your business?
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Two United States Senators are about to introduce something called the “No Robot Bosses Act”
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How do judges resolve “he-said/she-said” in discrimination cases?
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Can labor unions be sued for sexual harassment? (Spoiler alert: Yes, and they are costly!)
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2.4 million reasons not to intentionally avoid hiring older workers
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I found a case where an employee’s First Amendment rights were violated. Almost.
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Wrongful termination? Freedom of speech? Bless her heart.
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Here’s an FMLA interference case that Cosmo Kramer from Seinfeld would appreciate
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Oh, man! A guy accused TWICE of touching women inappropriately claimed sex discrimination.
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If you hire someone who says they are in a drug treatment program, don’t do this…
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Indirect consequences of not accommodating disabilities at work can land employers in hot water
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No religious accommodation. No discipline. No problem.
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A employee in Puerto Rico needed an accommodation to avoid the humidity. Ok.
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Can employees use their religion as an excuse not to work with LGBTQ coworkers?
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Can a lateral transfer be discriminatory? The Supreme Court is about to weigh in.
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The Supreme Court just revamped religious accommodations at work. I’ll explain in plain English.
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What was an employer thinking fired a worker two days after complaining about “retaliation” and “harassment”?
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Could two little resumé errors torpedo an employee’s claims that her race got her fired?
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Starting today, most of your workers have new, federal pregnancy-related employment protections
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Even in one of the most employee-friendly states, COVID-19 isn’t necessarily a disability
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Have you ever had 65 employees seek FMLA at the same time with the same doctor’s notes?
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Holy hell! The Department of Labor apparently caught an employer using a fake priest to get employees to confess workplace sins.
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If the boss is creating a hostile work environment, no amount of fix-it may save you in the lawsuit
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A company paid an employee’s final paycheck in about 91,500 oily pennies. Now, it owes 4,473,418 more.
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New York is inching closer to banning non-competes
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Your employees’ arbitration agreements may look a lot different soon (all crumpled up in a trash can)
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That time a federal appellate court schooled a teacher on at-will employment
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Does telling an employee to seek anger management mean that you regard them as having an ADA disability?
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Does the FMLA protect ineligible employees who inquire about taking FMLA leave?
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NY Federal Courts 2 – “Central Park Karen” 0
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Can blasting Eminem’s music create a hostile work environment? A federal appellate court thinks so.
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Trial Court: 45-50 “N” words and a noose not race discrimination. Appellate Court: “Bruh…”
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He got fired after threatening to complain to HR. Could that be retaliation?
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She said the quiet part loud and the loud part, well, not at all.
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A day late and an age discrimination claim short
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How do you track FMLA when an employee takes leave during the week of Memorial Day?
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The Labor Board’s top attorney wants to void non-competes that violate labor law. Hot take: meh.
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At work, do we have to accommodate employees with religions we’ve never heard of?
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Was she requesting Family and Medical Leave Act leave or pitching a television show?!?
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Is it sexual harassment to IMPLY that certain job benefits will require sexual favors?
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Would you stop emailing and texting? Just pick up the damn phone for once instead!
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Here’s how the feds will enforce pump at work protections for nursing workers
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A new resource from the EEOC could help employers avoid bias claims from using AI
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What to do if you face antisemitism at work
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A Californian got fired for an ALL LIVES MATTER tweet and claimed … RELIGIOUS discrimination?!?
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The public health emergency is over. So why is the EEOC issuing new COVID-19 guidance to employers?
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What happens when everyone in the same position is over 60 and gets fired?
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Slight and annoyances at work generally aren’t tantamount to discrimination and retaliation
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Bad EEOC position statements can come back to haunt you. Just ask this employer.
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EEOC: HR Manager used code words and other directives to staffing agencies to discriminate.
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There’s a new FMLA Poster
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Updated:
Don’t let subjectivity, stereotypes, or statistics create age bias issues for your next RIF
:
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Rarely, futility and fear of retaliation excuse an employee from complaining about harassment. Here’s one.
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Can a Jew discriminate against other Jews at work because they are Jewish?
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New federal legislation will end mandatory arbitration of race discrimination claims
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Updated:
“I told you that I’ve never been disabled,” said the man who sued for disability discrimination.
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When an employer points out actual performance problems, it’s probably not a pretext for discrimination
:
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Four federal agencies are prepared to throw cold water (and lawsuits) at employers who abuse artificial intelligence
:
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Take it from the feds (literally!). Here are 12 EEOC-recommended ways to LEVEL-UP your company’s anti-harassment efforts.
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When employees claim that your company failed to pay their overtime, you win if your company does this.
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If the same person sexually harasses a man and a woman, does that cancel each other out?
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What do you do with employees who refuse to use a coworker’s preferred pronouns?
:
Updated:
A new bill in Congress would protect civil rights at work from religious freedoms
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Wait, what? Court says ‘good fit’ isn’t necessarily code for discrimination or retaliation.
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Updated:
Choose your words carefully when using noncompetition agreements
:
Updated:
I’m naturally skeptical when an employee claims sexual orientation bias against straight people.
:
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Close counts in horseshoes and accommodating individuals with disabilities at work
:
Updated:
400,000 reasons not to have this pregnancy policy in your workplace
:
Updated:
Since when do courts get to second-guess an employer’s hiring decisions? Since last Monday.
:
Updated:
NJ’s new WARN Act Amendments are now in effect (as of April 10, 2023)
:
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Can employers require employees to make up time they miss for FMLA leave?
:
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A CBD user drug tests positive. Do we have to excuse it? Is she actually disabled?
:
Updated:
This guy’s discrimination claims were so bad. (How bad were they?)
:
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If this isn’t a ringing endorsement for updating your employee handbook, then what is?
:
Updated:
Fool me once, shame on me. Fool me twice, the EEOC sues you for age discrimination
:
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A new bill in Congress aims to restore OVERTIME protections for employees to “HISTORIC LEVELS.”
:
Updated:
Is your business struggling with return to the office and disability accommodation requests?
:
Updated:
He asked her to babysit and shot her in the butt with a rubber band. So she sued for hostile work environment.
:
Updated:
Could QUOTING a SNOOP DOGG catchphrase AT WORK create a hostile work environment?
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You may have an overly-broad UNENFORCEABLE restrictive covenant NOT TO COMPETE if…
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It’s WORSE than we thought. Most of your severance agreements may be ENTIRELY WORTHLESS!
:
Updated:
Being denied coverage to use the bathroom (and a bunch of other stuff that isn’t discrimination)
:
Updated:
Who gets the job? The most-qualified candidate or a disabled employee requesting reassignment?
:
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You can’t be retaliated against for NOT reporting sexual harassment. The more you know.
:
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Oh, no! Tell me a supervisor didn’t write THAT on an employee’s PIP.
:
Updated:
Do employers risk violating the FLSA by reducing PTO? Is it part of an employee’s salary?
:
Updated:
THIS action fell just short of possible discrimination and retaliation. (Whew!)
:
Updated:
Today is Equal Pay Day. And here’s why, for the 14th time, the reintroduced Paycheck Fairness Act won’t pass.
:
Updated:
The time an employee rejected a $100 discrimination settlement and turned it into $495,000!
:
Updated:
A federal appellate court using Homer Simpson to explain wage and hour law?!? Woo hoo!!
:
Updated:
ADA accommodation requests in Hawaii work the same way as in the other 49 states.
:
Updated:
The FTC is slowing its roll on its proposal to ban noncompetes. And lawsuits are in the queue.
:
Updated:
Do we have to pay out accrued PTO to terminated employees?
:
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Did an employee just discover an “FMLA loophole” to arbitration agreements?!?
:
Updated:
“You have done nothing wrong. I am just following orders in building a new, younger team for the CEO.”
:
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PRO-TIP: If you want to arbitrate employment claims, have an arbitration agreement.
:
Updated:
The EEOC isn’t the only federal agency safeguarding complaints about race bias at work
:
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No job description? No problem. See why this employer had no duty to accommodate.
:
Updated:
Documentation and communication FTW! (Well, good enough.)
:
Updated:
This employee apparently doesn’t understand how pregnancy discrimination works
:
Updated:
How can an employee make $200K, PLUS overtime?!? The Supreme Court explains…
:
Updated:
I’m willing to bet that, as of yesterday, most of your severance agreements are UNLAWFUL
:
Updated:
Are you in the clear waiting four weeks to fire someone who complained about sexual harassment?
:
Updated:
New Jersey created something called a “Temporary Workers’ Bill of Rights.” What is it?
:
Updated:
Did a union non-profit refuse to accommodate a woman with breast cancer and force her to resign? The EEOC thinks so.
:
Updated:
Let’s talk about whether you are paying teleworking employees properly.
:
Updated:
If you are tracking FMLA leave THIS WAY, you may be doing it WRONG!
:
Updated:
This is how you determine whether a remote employee is FMLA-eligible
:
Updated:
An employee who didn’t know she had a disability sued for disability discrimination. It didn’t go well.
:
Updated:
This is everything HR-related from last night’s State of the Union Address
:
Updated:
A Rocky IV lesson on training and discrimination
:
Updated:
Rules for thee, not for me? Jury awards judge’s staff attorney a $1.1M religious discrimination verdict.
:
Updated:
Step aside, FTC. A bipartisan group of Senators has renewed legislation to ban most noncompetes
:
Updated:
Talk to your employees about current events before they talk to (or exclude) your customers
:
Updated:
A coworker supposedly used the N-word “all the time” at work. Case dismissed. Here’s why…
:
Updated:
A step-by-step guide on how to go from semi-pro hockey player to unemployed in just a few tweets.
:
Updated:
Check out the EEOC’s livestream tomorrow on the use of AI in hiring decisions
:
Updated:
Would your business ever refuse to hire applicants with obvious missing, broken, or badly discolored teeth?
:
Updated:
For this employer, if only the EEOC’s hearing disability guidance had come out sooner
:
Updated:
The EEOC has a new resource document for assisting individuals with hearing disabilities
:
Updated:
Thinking about checking your employee’s Gmail account? Stop and read this first.
:
Updated:
Here is what makes equal pay claims so difficult to win
:
Updated:
Let’s talk about religious discrimination (and MORE!) with EEOC Commissioner Andrea Lucas at Noon ET today!!!
:
Updated:
I’m not done with yesterday’s post yet. You need to hear about the retaliation claim!
:
Updated:
Is it sex discrimination to assign a woman different tasks than a man in the same job?
:
Updated:
How might the Supreme Court’s decision to reexamine religious accommodations impact employers?
:
Updated:
Join me and EEOC Commissioner Andrea Lucas on Friday, 1/20/23, at Noon ET for The Employer Handbook Zoom Happy Hour
:
Updated:
New Jersey’s Mini-WARN Act hecka-employee-friendly amendments start on April 10, 2023
:
Updated:
Oh, I forgot to mention that the man’s son worked for the same employer. He sued too.
:
Updated:
Man alleges antidiscrimination law prohibits mandatory antidiscrimination training. Man is wrong.
:
Updated:
Join us at 1 PM ET today (1/9/23) on Zoom to discuss the FTC’s new proposed noncompete ban
:
Updated:
The feds are coming for your company’s noncompete agreements, old and new. You need to read THIS!
:
Updated:
The FMLA does not protect employees from termination for unrelated reasons (like performance)
:
Updated:
How does an employee go from “promotable” to “expandable” to plaintiff claiming gender bias?
:
Updated:
This company was so close to escaping an ADA lawsuit. Here’s what it did wrong.
:
Updated:
Tighten up those non-competes!
:
Updated:
Protections for pregnant workers and new moms are coming as part of new federal government funding
:
Updated:
New Jersey’s Mini-WARN Act may get that employee-friendly overhaul sooner than you think.
:
Updated:
DOL’s new resources for workers impacted by cancer will help employers avoid FMLA missteps too
:
Updated:
Now, THIS is a retaliation lawsuit worthy of becoming a bar exam question.
:
Updated:
Don’t sleep on state wage and hour laws in 2023, especially if you are a multi-state employer.
:
Updated:
Fired an employee for violating a social media policy, did you? You may have to pay their credit card debt and mortgage payments.
:
Updated:
Join us TODAY at Noon ET for The Employer Handbook Zoom Happy Hour: “The ESSENTIAL Employment Law Updates for 2023″
:
Updated:
Pennsylvania’s employment laws appear to be inching closer to New Jersey’s (aka the California of the East)
:
Updated:
Keeping open lines of communications, and other ways to demonstrate good faith under the ADA
:
Updated:
Can you rescind a job offer because you learn a candidate sued a prior employer for discrimination?
:
Updated:
Join us on Friday, 12/16/22 at Noon ET for The Employer Handbook Zoom Happy Hour: “The ESSENTIAL Employment Law Updates for 2023″
:
Updated:
Join us today at Noon ET for The Employer Handbook Zoom Happy Hour: “In-House Counsel’s Workplace Dreams and Nightmares”
:
Updated:
Law restricting arbitration of sexual harassment claims doesn’t apply retroactively, says court that can read the law
:
Updated:
Hey Handbook! How much time should we give employees to sign a severance agreement?
:
Updated:
Is it ok to terminate an employee, but then let them complete their FMLA leave?
:
Updated:
Don’t have an FMLA call-in procedure so complex that not even HR can figure it out.
:
Updated:
Now, here’s how you REALLY compare two employees in a discrimination lawsuit
:
Updated:
Take Note: Here’s how strong DOCUMENTATION torpedoes discrimination claims.
:
Updated:
Fired hours (minutes?) after he complained about discrimination, an employee sued and LOST his retaliation lawsuit.
:
Updated:
Five fantastic resources to help your business address antisemitism in the workplace
:
Updated:
Join us on 12/9/22 at Noon ET for The Employer Handbook Zoom Happy Hour: “In-House Counsel’s Workplace Dreams and Nightmares”
:
Updated:
Let’s rank the top Thanksgiving foods for 2022
:
Updated:
82% of you wannabe judges disagreed with the Seventh Circuit Court of Appeals
:
Updated:
Are these two employees comparable? Today, you be the judge to help decide this discrimination case.
:
Updated:
Not one, but two Friday freebies (including FMLA/ADA tips and tricks on Zoom today at Noon ET!!!)
:
Updated:
President Biden is ready to sign a bipartisan bill ending certain sexual harassment NDAs
:
Updated:
Here’s how an employer violated the FMLA and still won the interference claim
:
Updated:
Rarely-performed duties can still be essential ones under the ADA
:
Updated:
Does the ADA force employers to allow employees with medical restrictions to overrule their doctors?
:
Updated:
Here’s why the National Labor Relations Board get may interested in non-union Twitter’s layoffs
:
Updated:
Did Twitter’s recent layoffs violate federal employment AND labor law?
:
Updated:
Should an employer have provided a disabled employee with a “spitting” accommodation? A jury thought so.
:
Updated:
A six-year-old can create a hostile work environment. Wait, what?!?
:
Updated:
Join me on Friday, 11/18/22 at Noon ET for our next Zoom Happy Hour: Leave Management Cheat Codes and Hacks
:
Updated:
Here we go! It’s Cybersecurity 101 for HR Professionals and Employment Lawyers at Noon ET today on Zoom
:
Updated:
Is leave with just an “expected” return to work date still considered an ADA reasonable accommodation?
:
Updated:
You might have to pay employees to turn on and watch their computers boot up.
:
Updated:
Speaking of technology, pay attention to the National Labor Relations Board’s latest attempt to regulate employers
:
Updated:
Join me on Friday, 11/4/22 at Noon ET for our next Zoom Happy Hour: Cybersecurity 101 for HR Professionals and Employment Lawyers
:
Updated:
Last chance to snag a free seat to today’s Zoom at Noon ET on leave rights and accommodations
:
Updated:
When do employers risk FLSA violations by raising and lowering hourly wage rates?
:
Updated:
A defendant asked a plaintiff alleging sexual harassment to undergo a — oh, Dear God, no!!!
:
Updated:
Bless their hearts for thinking that their employer discriminated against them for hosting a Christmas party
:
Updated:
Join me on Zoom on October 28 at noon ET for leave rights and accommodations in hybrid and remote workplaces. It’s FREE!
:
Updated:
EEOC Poster mystery SOLVED! (Plus, don’t forget about today’s free Zoom at Noon ET.)
:
Updated:
The EEOC released a new mandatory workplace poster. Or did it?
:
Updated:
Give this manager a gold star!
:
Updated:
I told you so.
:
Updated:
Join me on Zoom on October 21 at noon ET as we discuss your employees’ mental health and wellness. It’s FREE!
:
Updated:
We’re talking labor unions on Zoom at Noon ET today with Jon Hyman. Join us. It’s FREE!
:
Updated:
There’s retaliation, and then there’s beating up the complainant and sending him to the emergency room
:
Updated:
The DOL is changing its independent contractor rules. Is it a big deal? Or just, meh?
:
Updated:
Not all discrimination lawsuits against airlines are worth $5M.
:
Updated:
In at least one court, employees don’t need doctors to establish ADA disabilities
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They wanted to hire “Ken and Barbie.” What they got was a discrimination lawsuit instead.
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Just because a manager is a crude jerk doesn’t mean he broke the law too
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Can a company fire someone whom it believes will join a pending wage and hour class action against it?
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Unions: Fad or Trend? Join Jon Hyman and me on Zoom on October 14, 2022 at Noon ET. It’s FREE!
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Can an alleged harasser sue a workplace investigator for defamation if the report says not-so-nice stuff?
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We’re back! Today, at Noon ET, it’s The Employer Handbook Zoom Happy Hour: “Offboarding the C-Suite.”
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The lawyers, man, sometimes they screw everything up.
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Do attorneys who use cannabis legally nonetheless risk violating the Rules of Professional Ethics?
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Need a way to neutralize a supervisor’s potentially biased employment decision? I’ll give you two.
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The guy who may have solicited prostitutes at work could win his retaliation lawsuit too
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Here’s how your company can basically GUARANTEE getting sued and going to trial
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‘Central Park Karen’ believes its racist to call someone racist. A federal judge disagreed and dismissed her lawsuit.
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The Department of Labor is not messing around with employers messing with employee tips!
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The Employer Handbook Friday Zoom Happy Hour Returns on September 30, 2022 at Noon ET
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Is a request to transfer away from a supervisor antagonist a reasonable accommodation?
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Could an anonymous complaint about COVID-19 spawn a sex-based retaliation claim?
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If a cyber-attack at work creates imminent risk of identity theft or fraud, your employees can sue you!
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How did a plaintiff with no lawyer convince a federal appellate court that he had a viable FMLA claim?
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New Jersey finally offers clear guidance on cannabis testing to local employers. And by “clear,” I mean “hazy.”
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If you’re new to HR, check out this new EEOC pregnancy and pregnancy-related disability discrimination resource
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The customer isn’t always right — especially when they are OUTRIGHT RACIST!!!
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The joint-employer rules are changing again at the National Labor Relations Board
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If hiring managers say they are looking for “new blood,” are they guilty of age discrimination?
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Warning: This post will be like nerd porn for statutory construction geeks. The rest of you may glaze over.
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Four wage-and-hour mistakes cost a company well over $100K. Here’s how you can avoid them.
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Here’s what happens when your managers don’t follow your written call-out policies
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Crikey! Can an employee bring an emotional support alligator to work? 🐊
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This may become the biggest employment law decision of 2023
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The plaintiff won her FMLA case. The court awarded her no money. The lawyers, however…
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The first federal appellate court has recognized gender dysphoria as an ADA disability
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Are remote workers eligible to take FMLA leave?
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How long do your employees have to sue you for discrimination?
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The CDC’s latest COVID-19 guidance treats unvaccinated and vaccinated individuals the same
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Hey, they never said we couldn’t post TikToks transporting the dead bodies
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In 2015, she sued for LGBT discrimination. One landmark SCOTUS decision later, she still lost.
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New Jersey poster lamination companies are now cursing under their breath
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Boy, that escalated quickly. I mean, that really got out of hand fast.
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I’ve got free educational resources for new mothers in the workplace (and their employers)
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Hostile work environment claims are often like trees falling in the forest
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This HR service provider “walked the walk” and defeated claims of age discrimination
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Did disability bias motivate HR to fire an employee for sleepwalking into a colleague’s hotel bed?
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CORRECTION: A healthcare employer agreed to pay over $10M to settle claims about a COVID shot mandate
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How to fire an employee right after his FMLA expires . . . and win the retaliation lawsuit.
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After the feds caught this employer red-handed not paying OT, the employer did the UNTHINKABLE!
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How would terms limits on the Supreme Court justices impact employment law?
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The anatomy of an FMLA interference claim
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By the time she made it to court, her discrimination and retaliation claims were D.O.A.
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A “relentless and ruthless” campaign of 1,000 age-based insults might force an older employee to resign
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Remember this recent decision when one employee sues you for unpaid overtime
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My source told me that a federal court has blocked the EEOC’s recent LGBT guidance
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A worker claimed religious bias over abortion rights. On Thursday, a jury awarded her over $5M!!!
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EEOC: Slow your roll before administering COVID-19 tests at work
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Does Title VII allow a current employer to retaliate against HR for testifying against a former employer?
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Hold up! Is there an “HR manager” exception that allows employers to retaliate against HR?
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One use of the n-word can create a hostile work environment. The OTHER n-word.
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An end to certain sexual harassment NDAs? Check out this new bipartisan federal bill.
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COVID-19 variants are rising but, whatever you do, don’t collect THIS INFO from employees.
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Hostility at work is not necessarily a “hostile work environment.”
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Hey, management-side employment lawyers! Bookmark this post now and thank me later.
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The ADA cheat sheet for accommodating disabilities of seasonal employees and interns
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You know what today is, right? It’s Bobby Bonilla Day! ⚾💰⚾💰
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Following this week’s Supreme Court ruling, can private companies mandate prayer sessions at work?
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Is it legal to fire someone for getting an abortion?
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Does FMLA cover leave for abortion? What about in states where it’s illegal?
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What should we say to our employees about Roe v. Wade?
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Here’s another reason why enforcing a non-compete can be so darn expensive
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Here’s what you can’t do if you suspect that a former employee has misappropriated trade secrets
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Could your business require medical exams for all workers returning from extended leave?
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Sexual harassment? No, I was just asking for a co-worker’s opinion about my butt lesions.
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Gas attendant loses his job over a decimal point error; tries to repay the station.
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A federal appellate court made it difficult to blame ’20-’21 large layoffs on COVID-19
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What would make an HR expert allegedly compare this company’s workplace culture to a “sewer”?
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Yes, it’s still ok in NJ to have a non-disparagement provision when settling discrimination claims.
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Is sexual harassment of a victim behind her back against the law?
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Judge, my employer is so biased. They keep promoting me. 😲
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Taxation without representation (and a new workplace marijuana law possibly coming soon).
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The law doesn’t require a perfect response to harassment complaints. It just needs to be good enough.
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The place where male and female employees “routinely called each other by names describing a person with a large posterior.”
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Here’s when you may have to accommodate an employee’s use of CBD
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Short of denying leave, an employer can still violate the FMLA just by discouraging someone from taking it
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Employers are singing the praises for the EEOC’s online mediation program
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The FMLA does not require clairvoyance
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Is lower co-worker morale reason enough to deny a religious accommodation?
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The DOL not only provides guidance on the FMLA, but it also enforces the law.
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Five ways that employers botch FMLA for mental health conditions (and how to get it right instead)
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Lawyers and HR professionals weigh in on Josh Donaldson’s ‘Jackie’ comment. So does Major League Baseball.
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Supreme Court makes it harder for employers who litigate arbitrable claims to change their minds
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What should Major League Baseball do about a white baseball player calling a black player ‘Jackie’ [Robinson]?
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California Employers, Are You Prepared For Upcoming Data Privacy Changes?
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New Jersey is back doing New Jersey things, like trying to kill restrictive covenants
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New legislation in the House and Senate will make wage and hour violations WAY MORE expensive for employers (and criminal too)
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Is calling a man “bald” considered harassment based on sex?
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If your hiring software does this, the EEOC says its age discrimination
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These free resources can help you avoid disability discrimination claims when hiring using artificial intelligence
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Man missed deadline to file disability discrimination lawsuit by about 40 years. FORTY!!!
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Jury awards $2,036,860,045 for misappropriation of trade secrets. Yes, over $2 billion!
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PODCAST: On this episode of Working Class, how to deal with employee whistleblowers
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Did a middle school break the law because it allegedly fired a teacher for discussing her pansexuality in class?
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How in vogue has forming a union become? A group of LA strippers is trying to do it too.
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I’ve got your VIP passes to hear the Department of Labor discuss possible OT changes tonight
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Healthcare CEO gets fired after viral TikTok video altercation with a boy in a red dress, sues Kathy Griffin.
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Supreme Court to decide if a supervisor making $200K+ per year should get overtime too
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Two gifts for employers from the U.S. Equal Employment Opportunity Commission
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Company pays EEOC $79,000 rather than provide a pair of gloves to an employee with a skin rash
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Can an employee legally be fired for using over-the-counter CBD products?
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The case of the $250,000 thumb drive porno and hacking (allegedly)
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When do N-words and sex jokes NOT create a hostile work environment?
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Two different termination letters lead to one discrimination lawsuit and zero luck for the plaintiff
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New Zamboni turns in Old Zamboni driver for peeing in a drain. Old Zamboni driver gets fired and sues for discrimination.
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Jerk customers can create hostile work environments for your workers too
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Five days after the CDC reaffirmed its mask order for air travel, a federal judge nixed it nationwide
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176,193 reasons to be careful when trying to limit employee overtime
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Yes, a man can have an (un)equal pay claim too. So how can a company defend itself?
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Why did this company seemingly offer FMLA leave to an employee it planned to fire?
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2021 EEO-1 Component 1 data collection is now open
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It’s the return of the mack, err, masks.
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No, this sign that your boss posted in the breakroom is NOT legal.
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Attempts to form labor unions are skyrocketing, and the Labor Board’s top lawyer wants to facilitate
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Even LAW FIRMS commit SIX-FIGURE wage and hour violations, apparently.
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How can unionized companies accommodate employees with religious beliefs without violating a CBA?
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Join me for a new limited-run podcast called “Working Class”
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This manager’s April Fool’s Day prank backfired MONUMENTALLY!
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While the EEOC facilitates bias claims for non-binary employees, here are seven ways to support them at work.
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195,000 reasons to remember that state family leave laws don’t always track the FMLA
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Save yourself a call to your employment lawyer with this easy COVID-19 tool
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Five reasons why EEOC mediation may be right for your business
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The Employee Rights of Act of 2022 has a nice ring to it. The problem is…
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This new bill would allow an employee to skip work “because the employee feels unsafe.”
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That bartender who claims she was fired for COVID-19 weight gain while quarantining may have a solid FLSA claim!
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A worker who claims she was fired for COVID-19 weight gain while quarantining is suing for . . . sex discrimination?!?
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Unlawful retaliation can take many forms. But, have you ever seen these?!?
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A bill to end hair discrimination takes another step towards becoming federal law.
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A federal judge reinstated a more employer-friendly independent contractor rule. But will it last?
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Sorry, no, employers cannot unilaterally reduce FMLA leave entitlements below 12 weeks
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First, they banned forced #MeToo arbitration. Is arbitration of ALL employment claims doomed too?
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The EEOC has new caregiver discrimination guidance. I’ll sum it up for you in two words.
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How do employees get paid for work performed on the Sunday of Daylight Savings?
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Don’t ruin your arbitration agreements by doing this…
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Here’s a bonus FLSA tip: don’t threaten the families of employees that complain about their wages
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Avoiding these wage and hour blunders could save your company over a hundred thousand dollars
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POLL RESULTS: Should you fire an employee for supporting Vladimir Putin?
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Can you fire someone for supporting Vladimir Putin?
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Biden signs #MeToo arbitration bill, Philly drops masks, and EEOC updates its COVID-19 guidance
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Was COVID-19 a disability for this plaintiff? How about you be the judge today?
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Everything “employment law” mentioned in last night’s State of the Union Address
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You can stand with Ukraine. Just remember to stand up for your Russian employees too.
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Trick or treat? CDC’s updated guidance means that fewer people need face masks
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Be careful. Your employee tracking software and equipment may be illegal in some states.
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How much medical information can we get from employees who may have disabilities?
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The Women’s National Team settled its equal pay claims with U.S. Soccer for $24M.
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Without this key element, you can kiss that retaliation claim goodbye
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The lengths to which some will go to get FMLA leave — like faking pregnancy. . . three times
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Why did a federal judge call an appellate decision on private COVID-19 mandates an “orgy of jurisprudential violence?”
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That time the EEOC recovered $250K for a C-Suite employee who claimed disability discrimination
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This one goes out to all you New Jersey arbitration nerds.
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What do you get when you cross a forklift operator using opioids with HR playing doctor?
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From the archives: 🔎Your post-Super Bowl guide to spotting employee FMLA or other sick leave abuse🔍
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You can start playing Taps for your company’s agreements to arbitrate sexual harassment claims
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Read this before you go ham on employees who badmouth your company online.
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What the heck is ‘bleisure’ and how could your company get sued over it?
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Your company’s arbitration agreements for sexual harassment claims may not survive February intact.
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The DOL is hiring 100 more investigators to audit company pay practices. Lucky you!
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NY Giants release statement to rebut Brian Flores’s “disturbing and simply false” allegations of race discrimination
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VIDEO: Can Brian Flores’s lawsuit against the NFL and three teams survive? Two employment lawyers weigh in.
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Suppose you catch two employees operating a $1.5M fake COVID-19 vaccine card operation. Do you have to call the police?
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Is this the worst batch of retaliatory emails I’ve ever read? Maybe.
:
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Here are 150,000 reasons not to play doctor when your employee tells you that she may have cancer.
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RUMOR: The feds are discussing more COVID-19 paid leave for private employers
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“Liberal” Supreme Court Justice Stephen Breyer is retiring. Here are three times he joined “conservative” justices when deciding employment law cases.
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OSHA: The ETS is dead as a temporary standard. Long live the ETS as a proposed rule!
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The Mysterious Case of the Disappearing U.S. Department of Labor Wage and Hour Division Fact Sheet No. 84
:
Updated:
A federal judge entered a nationwide injunction on yet another federal vaccine mandate
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Thinking about reversing your new COVID-19 vaccine and testing requirements? Could be a trend.
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UK is lifting many COVID-19 restrictions. Should we be doing the same?
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The rise in antisemitism should have your attention because it is squarely on the EEOC’s radar.
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Why did SCOTUS greenlight government-mandated COVID-19 vaccines for healthcare workers but not private-sector workers?
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Updated:
Zoom Happy Hour returns on Friday, 1/21/22, at 12 ET for a COVID-19 checkup and mailbag
:
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As you’ve probably heard by now, the Supreme Court torpedoed OSHA’s vax-or-test mandate
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Today has to be the day, right? Right?!?
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Could your state still enforce OSHA’s vax-or-test mandate — even if the Supreme Court scuttles it?
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Updated:
Insurance carriers will soon have to pay for COVID-19 at-home tests — up to 8 per person per month.
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Updated:
The feds are suing a company and its owner that paid a former employee’s final paycheck in pennies — about 91,500 of them.
:
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Here’s an update on the OSHA vax-or-test mandate following today’s Supreme Court oral argument
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It’s 2022. Time for an employee handbook update. Start by adding the word “TikTok.”
:
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The CDC updated its COVID-19 isolation guidance (again!) to include testing. Sort of.
:
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Here’s how the feds will try to convince the Supreme Court not to stay OSHA’s COVID-19 vax-or-test mandate
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Updated:
Dr. Fauci hints at more changes coming to the CDC’s quarantine/isolation rules
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Antonio Brown’s sad and disturbing exit from the Tampa Bay Bucs
:
Updated:
These were the most popular employment law blog posts of 2021
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This employer provided a flu shot accommodation that DID NOT work. And it still WON the lawsuit. HOW?!?
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Heads up, employers! The CDC shortened its recommended COVID-19 isolation and quarantine periods.
:
Updated:
OSHA updated its COVID-19 Vaccination and Testing ETS Frequently Asked Questions.
:
Updated:
The Supreme Court will not rule on OSHA’s vax-or-test mandate until after it takes effect on Jan. 4
:
Updated:
Let’s play a game. How well do you know your state’s stance on OSHA’s COVID-19 vax-or-test mandate?
:
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Meanwhile, another federal appellate court refused to lift the nationwide stay of the federal contractor vaccine mandate
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Why might OSHA’s vax-or-test mandate be legal after all? And what should employers be doing about it?
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Updated:
Why is the employment lawyer blogging late on a Friday night? (Hint: ⚖️💉🤯)
:
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And just like that, the CMS vaccine mandate is back on in 26 states. Ok, 25 states. Maybe.
:
Updated:
One of the Sixth Circuit judges couldn’t resist sharing his two cents on OSHA’s vax-or-test mandate
:
Updated:
On a scale of 😴 to 🤯, let’s score the EEOC’s latest guidance on whether COVID-19 is a disability
:
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Waitress receives $4400 in tips but gets FIRED after she resisted sharing them. Is that legal?
:
Updated:
PSA: Hire a lawyer to draft your employment agreements. Otherwise, you may end up like this.
:
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Don’t discriminate. (But, if you do, don’t make it THIS EASY for the EEOC to nail you for it.)
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Updated:
Is it legal to fire over 900 employees at once over Zoom?
:
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And now ALL of the federal COVID-19 mandates for private sector employers are STAYED
:
Updated:
The 11th Circuit denied Florida’s appeal to block the same CMS vaccine mandate that another court already halted in 10 states and another judge blocked nationwide.
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Here’s what doctors think of the government’s efforts to mandate employee COVID-19 vaccinations
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It turns out that women filming gifts of sex toys to male colleagues is not ok in Australia
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Updated:
In plain English, here’s why the government can’t force healthcare workers to get COVID-19 shots
:
Updated:
A federal court has blocked the government’s COVID-19 vaccination mandate for federal contractors
:
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Meanwhile, the CMS healthcare COVID-19 vaccine mandate isn’t faring much better
:
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When will the court decide whether OSHA’s vax-or-test mandate is legal?
:
Updated:
Let’s rank the top Thanksgiving foods for 2021. (Can anything take down stuffing?!?)
:
Updated:
Eric, we’re just gonna wait and see what happens with the OSHA vax-or-test mandate
:
Updated:
Does your private business have more than 99 employees? Take this quick vax-or-test poll.
:
Updated:
See you in court, err, arbitration! SCOTUS to decide whether litigating an employment dispute first precludes arbitrating it later
:
Updated:
The EEOC updated its COVID-19 guidance again with new information on retaliation
:
Updated:
The Sixth Circuit “won the lottery” and will decide the fate of the OSHA vax-or-test mandate
:
Updated:
Employer wigs out over an African American employee’s hair; EEOC claims race discrimination
:
Updated:
The Fifth Circuit just dunked hard on OSHA’s vax-or-test mandate
:
Updated:
Drop that COVID-19 religious accommodation exemption form says one EEOC Commissioner
:
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Three federal agencies want to end retaliation by hosting a “virtual dialogue” with employers next week.
:
Updated:
Is indefinite unpaid leave irreparably harmful to employees that don’t get vaccinated?
:
Updated:
Lawsuits opposing OSHA’s vax-or-test mandate will be decided by lottery, apparently.
:
Updated:
And just like that, a federal appellate court has stayed the Biden vax-or-test mandate for now
:
Updated:
7 priority items to get your workplace ready for OSHA’s new vaccine-or-test mandate. (And a Zoom on Fri 11/12 at noon ET).
:
Updated:
A federal court says certain religious employers may discriminate against LGBT employees
:
Updated:
Can you refuse to a hire a transgender applicant because he won’t mix well with the customers?
:
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Does the Biden federal contractor vaccine mandate go too far? Nineteen states think so. And they’re SUING!
:
Updated:
Word is, employees will have to pay for COVID-testing under the new Biden vaccine mandate.
:
Updated:
The EEOC emailed me its INTERNAL Religious Accommodation Request Form. Want to see it?
:
Updated:
Are you in HR for a multistate employer? You can be sued individually for FMLA violations … in another state!
:
Updated:
Business groups ask President Biden to delay COVID-19 vaccine mandates for a few months
:
Updated:
How to call applesauce on COVID-19 religious objections and other new advice from the EEOC
:
Updated:
A federal judge made it really dang hard to prove medical marijuana discrimination
:
Updated:
Where in the world is Eric Meyer?
:
Updated:
I’ll give you nine examples of what the law does NOT consider retaliation.
:
Updated:
What a 🥴 private school in Florida can teach us about COVID-19 medical accommodations
:
Updated:
The EEOC updated its COVID-19 vaccination guidance for employers
:
Updated:
These employees actually convinced a court to block a workplace COVID-19 vaccine mandate. But how???
:
Updated:
We’re this close now to getting that Biden employer vaccine mandate. THIS CLOSE!
:
Updated:
Another state just forbid employers from requiring employee COVID-19 vaccinations.
:
Updated:
Telework as a reasonable accommodation seems to be a trend. Except when it’s not.
:
Updated:
For the love of Zihuatanejo, please let your employees use the restroom when they need it.
:
Updated:
Joking around about COVID-19 can get you fired … and 15 months in federal prison too 😨
:
Updated:
NJ is doing more NJ things by beefing up its age discrimination rules for hiring and promotions
:
Updated:
Did I just catch a sneak peek at the forthcoming OSHA vaccine/testing mandate?
:
Updated:
EEOC alleges that what this company did was dumb and dumber (and also age discrimination)
:
Updated:
Your business may not be in the clear yet from those early-pandemic discrimination claims
:
Updated:
Will Senate bills like the ‘Biden Can’t Force Me Act’ and ‘Don’t Jab Me Act’ stop vaccine mandates?
:
Updated:
Now, the CDC strongly recommends urgent action to vaccinate pregnant women. But, what about accommodations?
:
Updated:
What REALLY happens when an employee doesn’t return completed FMLA paperwork?
:
Updated:
Nine reasons why it’s unlikely that any court will overturn your employer’s mandatory vaccine policy.
:
Updated:
NEW: Details on the White House COVID-19 vaccine mandate for federal contractors
:
Updated:
Lesbian coach is reinstated after outpouring of support from students, parents, and alums
:
Updated:
Someone came to work in blackface as Rosa Parks to protest a COVID-19 vaccine mandate
:
Updated:
What happens when leaders flout the COVID-19 rules that they purport to impose on everyone?
:
Updated:
A judge wasn’t buying a plaintiff’s religious reasons to avoid a vaccine mandate. And, sometimes, neither should you.
:
Updated:
See you in court! Arizona files the first lawsuit to stop President Biden’s OSHA vaccine mandate
:
Updated:
“Mandatory Vaccinations At Work Just Got Real!” today at Noon EDT on Zoom. This is what we’re covering and how you can still sign up.
:
Updated:
Eric, please elaborate on the EEOC’s new take on long COVID as a disability.
:
Updated:
While OSHA develops a vaccine mandate, the EEOC is now filing COVID-related lawsuits against employers.
:
Updated:
More on Biden’s Vaccine Mandate: Lawsuits, the five best things I read, and a Friday Zoom at Noon EDT
:
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Biden to companies with 100+ employees: Mandate vaccines, or test weekly, or else!!!
:
Updated:
How does one major airline plan to accommodate religious vaccine exemptions? With unpaid leave.
:
Updated:
First, some anti-maskers sued a store over its mandate. Now, they are losing discovery disputes and getting sanctioned.
:
Updated:
Have you seen the survey about employees getting fired for Zoom mistakes? Here’s my hot take.
:
Updated:
Sex addiction. That isn’t a disability under the ADA is it? Or IS IT?!?!
:
Updated:
You’ll want to consider updating your employee handbooks ASAP — especially in PA, NJ, and DE — to avoid this potential lawsuit
:
Updated:
Could you spot your employee’s phony COVID-19 vaccination card? Ok, then what?
:
Updated:
A Florida doctor can no longer see patients allegedly after selling $50 mask waivers on Facebook
:
Updated:
A bunch of attorneys — an ENTIRE BAR ASSOCIATION! — says that ALL EMPLOYERS should REQUIRE vaccinations for COVID-19
:
Updated:
Wait! You mean we can raise insurance premiums for unvaccinated employees?
:
Updated:
Imagine testing positive for cocaine at work … and getting to keep your job?!?
:
Updated:
I’ve got poll results on mandatory vaccinations. Plus, hold September 1 at Noon ET for the next Zoom!!!
:
Updated:
FDA approves the first COVID-19 vaccine. Is your business ready to mandate vaccinations? (POLL)
:
Updated:
Could changing someone’s shift schedule really create a discrimination claim?
:
Updated:
Another EEO-1 Limerick
:
Updated:
Eric, I heard something about COVID-19 booster shots. Do we need provide employees PTO for that?
:
Updated:
Can an employee fired for refusing a mandatory workplace vaccination collect unemployment?
:
Updated:
A court just EVISCERATED two baseless arguments from the transphobic “bathroom police” at work
:
Updated:
Philadelphia and OSHA issued new mask instructions last week. One has 💪 while the other is just kinda 😐
:
Updated:
In today’s edition of “HR and Hip Hop”: Sir Mix-A-Lot, LL Cool J, and The Fugees. Plus the B-52s and Seinfeld!
:
Updated:
Don’t fall for this anti-vaxxer workplace hack.
:
Updated:
Could Shock G a/k/a Humpty Hump have used FMLA leave to get a nose job?
:
Updated:
Is Skee Lo’s height a disability under the Americans with Disabilities Act? #IWishIWasALittleBitTaller
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Do COVID-19 business immunity state laws protect employers from ADA lawsuits too?
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Should religious objectors be excepted from mandatory vaccine requirements at work?
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500,000 dollars, err, reasons not to stereotype women in traditionally male-dominated industries
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Who pays for COVID-19 tests when an employer requires regular testing?
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Here’s hoping employers in states like PA paid nonexempt employees for COVID-19 temperature checks at work. Otherwise…
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Does federal law forbid discrimination based on interracial relationships? Two courts disagree.
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POLL RESULTS: Are businesses ready to mandate vaccinations? Not so fast…
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All federal workers will need to vaccinate or undergo regular COVID-19 testing
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The CDC now wants everyone to wear masks in certain public indoor places. But where? Why? And for how long?
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Trending? The Department of Veteran Affairs, California, and NYC are mandating COVID-19 vaccinations.
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When it comes to COVID-19 this season, the National Football League means business — literally. And you should too.
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44 million more reasons to properly define essential job functions and explore reasonable accommodations. And it’s the SAME EMPLOYER!!! 😲😨🤯
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Organized labor’s favorite 12-foot inflatable protest balloon prevails — red eyes, fangs, claws and all.
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250,000 reasons to consider a reasonable accommodation — even if the employee can perform his job duties anyway
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Can you legally fire a “victim” whom you honestly believe has fabricated a discrimination complaint at work?
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Some of your employment arbitration agreements may not be worth much soon. Here’s why.
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Help Wanted: Director of Taco Relations 🌮🌮🌮 $25K/month for up to 20 hours per week.
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Because you asked, I’ve got so many great trans-inclusive resources for you and your workplace today
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One of your employees objects to using transgender co-workers’ personal pronouns. Now what?
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New Jersey is not f**king around with employee misclassification
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Yep, President Biden ordered the FTC to curtail private companies from using of non-competes.
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Wait, WHAT?!? Is President Biden planning to ban private employers from using non-competes?
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Like ordering a cheesesteak with Swiss, employee-friendly OT rules just aren’t meant to be in PA
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Here’s a list of things that don’t count as retaliation, starting with making faces.
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An employment lawyer’s take on track star Sha’Carri Richardson’s suspension for using marijuana
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60 years after the NY Yankees rejected her, a woman finally got that bat girl job
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It’s July 1. Happy Bobby Bonilla Day! (This year, in haiku!) 🧾⚾💰
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An EEO-1 Limerick #WednesdayEEO1LimerickDay
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The Supreme Court’s silence on transgender bathroom use may speak volumes for your workplace
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The EEOC is suing a work placement agency for individuals with disabilities for, yep, disability discrimination.
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The House wants to make it easier to bring age bias claims. But will the Senate co-sign?
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Is COVID-19 an actual disability under the ADA? Not always, says one court.
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Oh, hell no! Did an employer discriminate by not excusing a Christian employee from fingerprinting?
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As if restaurants haven’t endured enough already, the DOL just announced an 80/20 rule on steroids.
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Let’s answer some of your COVID-19 return to work questions. The Zoom Office Hour returns this Friday, 6/25 at Noon ET
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The anatomy of a sex discrimination claim. (Trust me. It’s not as stimulating as it sounds).
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How much social media discovery can you get from an employee who sues you for discrimination?
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Happy Belated 1st Birthday to an LGBT rights landmark decision. I brought cake and presents! 🎂🎁
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Secretary of Labor to Congress: The salary level cutoff for overtime is too low. We’re changing it.
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A federal judge has issued the first ruling on mandatory COVID-19 vaccinations at work. And His Honor is spittin’ 🔥🔥🔥
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Yep, yet again the Paycheck Fairness Act is dead again.
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Creating a new “job sharing” position is not a reasonable accommodation
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WARNING: This pregnancy discrimination lawsuit might make your brain explode 🤯
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It’s time to reassess dress codes … before the ACLU darkens your door too
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A pepperoni pizza lesson about religious accommodations for employee COVID vaccinations
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Look into your COVID-19 crystal ball. Tell me what you see.
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What in the heck could this company have possibly been thinking?!?!? (Allegedly.)
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Psst…OSHA updated its COVID-19 vaccination guidance too!!!
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VIDEO: Amy and Eric explain what’s 🔥hot🔥 with the EEOC’s new COVID-19 💉guidance
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“Privileged white female ‘Karen’ caught on video verbally abusing an African American male” is now suing her former employer for discrimination
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POLL RESULTS: Don’t discipline employees that spread COVID-19 misinformation
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POLL: How should companies handle employees that spread COVID-19 misinformation?
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On Friday, New Jersey will lift most COVID-19 mask restrictions. But, most businesses may be like, “WTH!”
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These are the red-light / green-light rules to filing a federal age discrimination lawsuit
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Does federal law require employers to provide leave from work to a woman recovering from a c-section?
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Why did a transgender employee who needed leave from work lose claims for both sex and disability discrimination?
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IRS to CDC: Hold our drink. Check out the new 41-page COBRA subsidy resource for employers
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OSHA to CDC: We hear you, dawg. We’ll update our face mask guidance too.
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New CDC face mask guidance for the fully-vaxxed and a Special Mid-Week Edition of The Employer Handbook Zoom Office Hour
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Before I get into that new CDC mask guidance, I owe you two more tips to avoid FMLA abuse
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A federal appellate court just hooked you up with three tips to erase FMLA abuse
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What do adult toys and X-rays have to do with protecting trade secrets?
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How long does an employee have in which to file an FMLA lawsuit?
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Read this post before accommodating a disabled employee with a job reassignment. (It could save you a lawsuit.)
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DON’T DO THIS: Misclassify your employees as independent contractors
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DON’T DO THIS: Party with vodka and strippers at work during a pandemic
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DON’T DO THIS: Threaten to fire employees that get a COVID-19 vaccination
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DON’T DO THIS: Enslave an employee
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Maybe if I blog about it enough, the Pregnant Workers Fairness Act will actually become law
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Yet another court reaffirms that the ADA does not require accommodating marijuana use
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President Biden unveiled his paid family leave plan –12 weeks and up to $4K per month. But, will it happen?
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Here’s everything you need to know about yesterday’s updated CDC guidance for fully-vaccinated people
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President Biden announces a task force to help your employees unionize. Yikes!
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TRENDING: Cities and states banning pre-hire marijuana testing. Next up: Philadelphia
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Why you might not want to mandate COVID-19 vaccinations at work. Plus, Oreo cake, a beverage (or two), and some COBRA.
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President Biden wants all employers to provide paid time off for COVID-19 vaccinations
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Here’s why it’s important for employees returning from FMLA leave to certify that they are fit for duty
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EEOC confirms that new COVID-19 vaccination incentive guidance is coming soon
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The House approved the Paycheck Fairness Act. Now, it will probably die in the Senate. 💀💀💀
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PRO-TIP: Men who smack women at work probably shouldn’t then sue for discrimination.
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Scoop! EEOC won’t cone-done ice cream company’s alleged pro-Hispanic hiring practices
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This is, by far, the most important ADA decision so far in 2021.
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An employer is learning the hard way that workers’ compensation is not a shield against the FMLA
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As a reasonable accommodation, must an employer transport an employee with a disability to/from work?
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This week, we’ve covered the City of Philadelphia and the Commonwealth of Pennsylvania. So, how about Alaska?!?
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It’s your one-stop-shop for all things COBRA premium subsidy. (Thank you, DOL!)
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Justices Alito, Gorusch, and (Thurgood) Marshall share the same views on … religious accommodations?!?
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Gas up the Bugatti for the commute! Pennsylvania has relaxed its private sector restrictions on teleworking.
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COVID-19 paid leave was soooooo 2020 — unless you operate in Philadelphia.
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A woman with back issues and trouble sitting for long stretches flew around the world to Thailand. FMLA abuse, much?
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Court rules its ok for a winery worker to wear “Cellar Lives Matter” apparel.
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A Florida man allegedly lost his job because of his fake COVID-19 vaccination card side hustle
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Members of Congress want “bold action” from the new Labor Secretary. (Like overtime for anyone making under $1,591/week!!!))
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Employers that operate in THIS state can require workers to get vaccinated
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This pre-COVID case underscores how telework will often be a post-COVID reasonable accommodation
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Will (reverse) vaccination discrimination be the next big thing?
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Here’s a tip. Expect significant changes to the DOL’s previously-proposed employee tipping rules.
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A Texas diner threatening a $50 no-mask surcharge is your reminder not to relax face mask rules at work
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Join us on 3/26 at Noon ET for The Employer Handbook Zoom Office Hours. That’s right, HOURS! A DOUBLE FEATURE!!!
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Here’s what we’re covering today on The Employer Handbook Zoom Officer Hour at Noon ET
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So, you’re thinking about a workplace vaccination program 🤔
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Did you know that many former employees can get up to six free months of COBRA come April 1?
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OSHA’s getting serious — enforcement serious — about coronavirus and the workplace
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I’m no racist! My diabetes and spiking blood sugar made me say the n-word.
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In a move that no one saw coming, the Biden DOL plans to 86 the joint employer and proposed independent contractor rules
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How will the American Rescue Plan’s FFCRA (paid leave) changes impact employers?
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You can’t force me to get vaccinated! I’m suing!
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CDC greenlights maskless face-to-face meetings with no social distancing.
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President Biden has fired the EEOC’s General Counsel. Will this move impact your company?
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If you’re not providing paid military leave, you may need a good employment lawyer.
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Are you an FMLA nerd? Well, check this out, Poindexter!
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The federal government seems much less uptight now about employees that have used marijuana
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EEOC records the fewest charges of discrimination in over 20 years!
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Rather than pay about $2,000 to install automatic doors, an employer loses a $650K disability discrimination verdict instead
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Can employees use FFCRA leave to get vaccinated? We’ll answer this and more today at Noon ET on Zoom!
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Did an employer take a job offer back from a pregnant woman while getting induced?!? The EEOC thinks so.
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Oh, check it out! The Equality Act is back. But, will it get to the President this time? 🏳️🌈
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Now that recreational marijuana is legal in NJ, can local employers still drug test? Refuse to hire pot smokers??
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🚨HR ALERT🚨 If your employee handbook is missing a “Pregnancy Accommodations” policy, fix that ASAP!
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How could a 12-year-old statement breathe life into a claim for unequal pay? I’ll explain…
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Ok, so what employment-related claims can a man with a pregnant wife file?
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Can a man bring a pregnancy discrimination claim? (Yeah, you read that right.)
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A federal court just made it hecka-hard to prove age discrimination at work. But, did it go too far?
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Two for Tuesday? Or just a heads up that The Employer Handbook Zoom Office Hour returns this Friday at Noon ET
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My vaccinated employee had close contact with someone who has COVID-19. Should s/he quarantine?
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What do you do when you suspect that an employee’s doctor note is 🐄💩???
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Will the National Labor Relations Board save Scabby the Rat from extermination? 🐭
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Yesterday, the Internet remained undefeated! 🙀
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What an NBA coach can teach us about mental health during the COVID-19 pandemic
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With a Democrat advantage in Congress, maybe keep on eye on these two pieces of employment legislation
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The Supreme Court may decide whether one “N”-word can create a hostile work environment
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Come on, EEOC!!! Can employers incentivize COVID-19 shots? We need to know! (ASAP!)
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It’s official! Second chances and clean slates for wage-and-hour violators are over at the DOL.
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A large law firm is reportedly requiring vaccinations before working in the office again 💉💪
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One minute VIDEO: Five things employers should know about OSHA’s brand new COVID-19 guidance
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Join me and special guest Dan Schwartz (!!!) at Noon ET today on Zoom for The Employer Handbook Office Hour
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Court: Shareholders and equity partners cannot sue for discrimination under Title VII.
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A woman fired after attending the Capitol protest is suing her former employer for $10,000,000.
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Pot for Shots: Folks, there’s a new trend to incentivize COVID-19 vaccinations. It’s marijuana?!? 🌿
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The CDC has a new vaccine communication COVID-19 toolkit. Plus, President Biden proposes even MORE employment law changes. 😱
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Real leadership is admitting when you’re wrong (like firing a Jewish employee who calls out Nazis).
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Eight ways that President Biden changed employment law on Day One. That was fast!!!
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In his first month on the job, the new Mets GM completed two blockbuster trades. And yesterday, it seems he got fired for sexting.
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FACT OR FICTION: Complying with ADEA disclosure requirements for a layoff means listing foreign non-U.S. workers too
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President-Elect Biden published his first HR compliance wish list. (And you won’t believe No. 3!)
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An employee curses out a customer on Twitter. Was she fired? Heck no! The company had her back!
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A federal court just greenlit the failure-to-accommodate claim of a medical marijuana user. But why?!?
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The EEOC has some big news for fans of EEO-1 filings!!!
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Can you fire an employee for complaining that the company violated state/local COVID-19 orders?
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Before your business rewards employees for getting the COVID-19 vaccine, read this. (It may save you a lawsuit.)
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Updated:
A one-time Associate General Counsel and HR Director who was at the Capitol riots appears to be unemployed now.
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What’s the big difference between an independent contractor and an employee anyway?
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Court: Warning! Employer may have violated WARN with mass layoff with little-to-no notice during pandemic
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Here’s how to compensate employees that split their day between the office and telework
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The DOL spent NYE updating its FFCRA guidance and issuing new wage and hour letters
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The most-read The Employer Handbook blog posts of 2020
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Brand new DOL guidance and the rest of what’s on tap for today’s “Zoom Office Hour” at Noon EST
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The nerds, err, readers have spoken! I’ll see you on Zoom on Wednesday (12/30) at Noon Eastern.
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Last night, President Trump signed the COVID-19 stimulus package into law after all.
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Heads up! The DOL wants new rules for tipped employees, including tip pools with the back of the house.
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Actually, the FFCRA may sunset for ALL employees on December 31, 2020 after all😳😲😱
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Congress won’t make employers provide FFCRA leave in 2021. But, you can if you want (and get tax credits).
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Man pleads guilty to federal wire fraud charges after lying to his employer about having COVID-19
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Pink slips for seven plant managers who ran bets on how many employees would get COVID-19
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“Let’s upstage The Employer Handbook by releasing our vaccine guidance” — EEOC, possibly
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Preparing for Exceptions To Your Business’s COVID-19 Vaccine Program
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Who was the worst employer of 2020? Place your vote!
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The ADA does not require accommodating medical marijuana use. But, what about synthetic THC?
:
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A nurse, a TikTok video, and ignoring COVID-19 safety protocols. (This doesn’t end well…)
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Can your state require you to get the COVID-19 vaccine? At least one has a pending bill…
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Heads up! Check to see if your state and local quarantine rules have changed recently.
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Can your business dodge an EEOC discrimination claim by closing and opening under a new name?
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It took until December, but I just read about the most ‘2020’ social media firing of the year.
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For how much did one of the most important employment cases of 2020 just settle?
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Just when you thought you had it all figured out, the CDC updated its ‘close contact’ guidance (again!)
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Let’s explore piece rates, the FLSA, and the best music videos of the 80s.
:
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Want three ways to improve employment of U.S. veterans with disabilities? The EEOC has got your back.
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HELP! My employee with a disability wants a reassignment to an open position. (But, we have a better internal candidate.)
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Which of these 32 items on your Thanksgiving Dinner Table reigns supreme?
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Vlog and Blog COMBO! COVID-19 and Thanksgiving. Plus, a new telecommuting mandate in PA
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That time when all the employment lawyers got paid and the litigants got zilch!
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Lawsuit: Company managers wagered on how many employees will get coronavirus
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Heads up, PA employers! The Commonwealth just strengthened its COVID-19 mask and testing rules 😷👩⚕️👨⚕️
:
Updated:
The EEOC has a new 114-page religious discrimination playbook. But, 2 of those pages got me like 🤔🤔🤔
:
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The COVID-19 Conundrum: Can you suspend employees for attending big Thanksgiving dinners?
:
Updated:
How might the Biden Administration impact immigration policy?
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CDC: Face masks protect others and YOU TOO!
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He used the “N”-word twice . . . and may just win his race discrimination claim too?!?
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Using marijuana in NJ has nothing to do with politics. But, are local employers ready for legal weed?
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POLL: Could politics ever motivate you NOT to hire someone?
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Five ways that a Biden presidency may reshape employment law and HR-compliance
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She settled her disability discrimination claim for cash and a lateral transfer. Then she sued for . . . retaliation?!?
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The Holocaust denier I wrote about last year got re-hired — and then fired AGAIN!
:
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Besides adorable bunny rabbits, what’s the least political thing that we can talk about today?
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Can you get paid sick leave if your child’s school makes your child quarantine at home for two weeks?
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Paid sick leave for COVID-19 is flattening the curve…with fewer employment lawsuits too?
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Serendipity! NJ just ordered new workplace safety measures for employees and visitors.
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Updated:
Yes, your business can make all customers wear face coverings. Even folks that claim that they can’t.
:
Updated:
Survey says readers like Justice Barrett for employment law. Beyond that, however…
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Updated:
Amy Coney Barrett is the next Supreme Court Justice. What do you think? (POLL)
:
Updated:
The “Halloween in the Workplace” HR-compliance post for 2020 feels a little different this year
:
Updated:
Can an employee take FMLA leave and go on a hunting trip with friends at the same time? One court says yes!
:
Updated:
Rapping about an unemployment benefits scam does not enrapture the U.S. Department of Justice.
:
Updated:
One HR lesson from two exotic dancers on misclassifying employees as independent contractors.
:
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“Salt Bae” employees complaining about tips are cooking up some new federal claims
:
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Take a good hard look straight in the “I’s.” Do you like what you see?
:
Updated:
Business groups give 👎 on new limits to diversity training. SHRM too — maybe.
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Updated:
“Well, you’re kind of getting up there in years, you’re at retirement age, you go one way and the company’s going the other.”
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Updated:
Trust me. It’s not a good look when the EEOC thinks that you haven’t hired a woman in over 30 years!!!
:
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Why countersuing an employee can be a recipe for disaster!
:
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What actually happens if the EEOC thinks we discriminated against an employee? 😮
:
Updated:
OFCCP elaborates on what kind of diversity training government contractors can (and can’t) do.
:
Updated:
Free COVID-19 claims and lawsuits webinar? And a slide deck on EEO considerations too? I got you, fam!
:
Updated:
Is a Fortune 50 company’s diversity program discriminatory? The DOL wants to know!
:
Updated:
Yes, the Americans with Disabilities Act still applies during an employee’s initial “probationary period.”
:
Updated:
My employer fired me because I use medical marijuana. Can I sue?
:
Updated:
A Friday fistful of Amy Coney Barrett on employment law
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Has Judge Amy Coney Barrett ever handled an appeal involving the EEOC? You bet she has!
:
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How might Judge Amy Coney Barrett adjudicate your arbitration agreements?
:
Updated:
That time when Supreme Court nominee Amy Coney Barrett upheld a plaintiff’s $300K discrimination win
:
Updated:
Supreme Court nominee Amy Coney Barrett on the ADA. Plus, Bill Murray’s attorney responds to that cease and desist 👀
:
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Check out this demand letter that The Doobie Brothers’ lawyer sent to actor Bill Murray!!! 👀 Oh, and a free webinar.
:
Updated:
The White House will limit how government contractors train on diversity and inclusion too
:
Updated:
How can you tell an employee from an independent contractor? I’ll explain in about two minutes.
:
Updated:
In Philadelphia, just about everyone is eligible now for COVID-19 emergency paid sick leave
:
Updated:
The legacy of Justice Ruth Bader Ginsburg lives on as lawmakers seek fairness for pregnant workers
:
Updated:
No, the Americans with Disabilities Act does not require accommodating CBD use
:
Updated:
If you could design the perfect “Return to Work from COVID-19” HR-compliance presentation…
:
Updated:
I’m ***checks notes*** supporting a member of the Dallas Cowboys??? Yep.
:
Updated:
Those COVID-19 stay-at-home and business-closure orders in your state may be unlawful after all
:
Updated:
VIDEO: 2 lawyers explain 4 big changes to the Department of Labor FFCRA regulations
:
Updated:
Here are the results of the diversity, equity, and inclusion survey. You may be surprised…
:
Updated:
It may not be legal now to fire an at-will employee who misses work with a fever.
:
Updated:
VLOG time! The EEOC dropped some new-ish COVID-19 guidance for employers.
:
Updated:
The government plans to change how it trains employees on issues of race
:
Updated:
Lawsuit: Former college baseball coach hijacked team Twitter account, created spoof account, bashed school.
:
Updated:
Which states have offered workers the most protections during this COVID-19 pandemic?
:
Updated:
Can a non-employee sue under Title VII as the target of the retaliation against his child?
:
Updated:
How can employers police employee requests for FFCRA leave for remote schooling?
:
Updated:
Here is a page from the COVID-19 ADA accommodation playbook
:
Updated:
Jacob Blake, racism, and what it means to be on the right side of history
:
Updated:
PUMPED! NJ gyms get the green light to re-open on September 1 💪💪🏋️🏋️♀️
:
Updated:
U.S. Department of Labor slims down and gets more user friendly. Too creepy?
:
Updated:
Four ways to avoid wage and hour worries when employees work remotely
:
Updated:
1,250,000 reasons to take all complaints of race discrimination seriously
:
Updated:
Can a business legally require face masks in the workplace? Would sarcasm change the answer?
:
Updated:
Court: Free speech may protect city employee’s Facebook post about wanting to kill Tamir Rice
:
Updated:
An indefinite leave of absence may be an ADA reasonable accommodation. Wait, WHAT?!?
:
Updated:
The National Labor Relations Board ain’t got nothin’ on NJ when it comes to COVID-19 whistleblowers
:
Updated:
COVID-19 doesn’t prevent claims of sexual harassment. Just ask a certain hockey mascot. 🏒🦁
:
Updated:
It’s a mini COVID-19 Q and A! (Before I see y’all on Zoom today at Noon EDT.)
:
Updated:
An internal DOL audit reveals the three ways in which COVID-19 has hampered the agency
:
Updated:
Businesses insisting on negative COVID-19 tests is, like, so three weeks ago.
:
Updated:
Must you consider transferring a problem employee before lumping him in a COVID-19 reduction in force?
:
Updated:
Oh, by the way, the CDC has new guidance on wearing masks
:
Updated:
I have new guidance for employees struggling with substance abuse issues during this pandemic
:
Updated:
Is it ok to use PPP money to buy a Lamborghini Urus and a Rolex? Perhaps not.
:
Updated:
Thinking about having employees sign a COVID-19 waiver 📝? Stop it! ✋🛑
:
Updated:
A federal court removed FOUR nuts and bolts of FFCRA paid sick leave. But why?!? (And what you need to know!)
:
Updated:
Can you fire an HR Manager for encouraging co-workers to sue the company for discrimination?
:
Updated:
If your employee gets coronavirus ON PURPOSE, can he still get FFCRA leave, FMLA … BOTH?!? 🤔😤🤬
:
Updated:
Is PPP new and improved in the new Senate stimulus package? Let’s find out…
:
Updated:
What the heck is a COVID-19 business liability shield? I’ll explain…
:
Updated:
Let’s you and I talk about this Miami Marlins / MLB COVID-19 debacle
:
Updated:
Happy 30th Birthday to the Americans with Disabilities Act
:
Updated:
After tweeting support for Nick Cannon, a remorseful NBA player’s words and actions earn him a well-deserved second chance
:
Updated:
🚨DORK ALERT!🚨 The DOL answers some nerdy COVID-19 FMLA and FLSA questions.
:
Updated:
Did I ever tell you about the employee that called the owner a “f***ing crook”?
:
Updated:
Bah Gawd! There’s more FMLA news!!! And the return of the Friday Zoom lunchtime happy hour!
:
Updated:
Someone get me a cigarette. The DOL has new FMLA forms
:
Updated:
Three important employment law lessons from ViacomCBS firing Nick Cannon for anti-Semitic remarks
:
Updated:
This lawyer can admit when he was wrong. 🤦♂️ Just don’t tell anyone, ok? 😉
:
Updated:
Why now is a great time for a wage and hour self-audit. Wait! Hear me out on this…
:
Updated:
We see you, Pennsylvania Department of Health. We see what you did there.
:
Updated:
How a negative COVID-19 test turned into an FLSA collective action.
:
Updated:
The CDC wants you to know these 5 things about COVID-19 tests for employees
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Updated:
We interrupt this mediation discussion for a NEW Supreme Court employment discrimination decision!
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How does EEOC mediation work? Is it worth it? How about during COVID-19? Ask away!
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Your state just imposed new quarantine rules for out-of-state travel. Now what?
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Where do you draw the line on employee social media content? How about violent threats?
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FFCRA leave and holidays, how does that work anyway?
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It’s July 1. Happy Bobby Bonilla Day! ⚾💰⚾💰
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VLOG: Why I’m not eligible for FFCRA leave this summer, but you might be.
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Philly is the first city to have that COVID-19 anti-retaliation whistleblower jawn.
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The DOL issued five new FLSA opinion letters yesterday. But, the much bigger wage and hour news was…
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Can you fire an employee who knowingly comes to the office with COVID-19?
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10 million more reasons not to account for age when returning employees to work.
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If you permit Black Lives Matter apparel at work, does that mean White Lives Matter is ok too?
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Is it legal to forbid employees from wearing Black Lives Matter face masks or insignia at work?
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OSHA just issued new guidance on returning to work. But is it any good?
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COVID-19 antibody testing as a condition of returning to work? Bwahahahahahahahahahaha!!!
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There’s a new COVID-19 whistleblower bill in Congress now. And it’s got real teeth! 😬
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The five quotes that define and transcend yesterday’s landmark Supreme Court LGBT rights ruling
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My employee doesn’t feel safe at work and wants to know if s/he can collect unemployment instead.
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It’s okay to invite employees to request disability accommodations, plus other brand new EEOC COVID-19 guidance!
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OSHA just answered six commonly-asked questions about the use of masks at work
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How would you deal with an employee caught on camera mocking George Floyd’s death?
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Oh, here’s one more protest-related social media firing. And it’s a doozie!
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Can an employer and employee agree to a furlough instead of FMLA leave?
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13 people who were fired for ignorant COVID-19 and protest social media posts
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The Senate unanimously passed that House PPP reform measure
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George Floyd and six resources that employers can use now to combat racism
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COVID-19 could spawn union organizing. But, the NLRB just drenched it with cold water.
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There’s no maybe about it. Here’s why, for sure, COVID-19 is an ADA disability. Probably.
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The House has passed legislation to help businesses with PPP loans
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Can your business require a customer to wear a mask? What if she has trouble breathing?
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This case has nothing to do with COVID-19. But, it could prevent a return-to-work lawsuit.
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Here’s that new CDC guidance for re-opening your business. Plus, we’ve get one heckuva Zoom chat coming on Friday!
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BUSTED! Feds charge a man for allegedly FAKING COVID-19 to skip work!!!
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Wait, what?!? We’ve got ANOTHER coronavirus-related lawsuit where THE PLAINTIFF IS A LAWYER.
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OSHA wants your company to record COVID-19 illness at work. But, it’s not as harsh as it may seem.
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TRIFECTA: New PPP legislation to help small business. New NJ re-opening guidance. Thursday HR Zoom chat!
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The CDC now has flowcharts to help businesses reopen. Want to see?
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PPP 101: Don’t use the loan proceeds on jewelry, fancy cars, and child support
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Small businesses that took out a PPP loan can breathe a small sigh of relief.
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An employer with more than 500 employees was sued for violating the FFCRA. Now, I’m confused. 😕
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DOL: COVID-19 is not an excuse to skip your employees’ paychecks. Plus details on Friday’s Zoom chat
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One employee learned that, even during a COVID-19 pandemic, social media rants can have harsh consequences
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COVID-19 news galore from the EEOC and DOL. Let’s discuss it here and on Facebook Live at 11:30 AM EDT
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Best-laid plans? Is one state setting up employers for COVID-19 retaliation claims?
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Three chances to hang out with me and talk COVID-19 and other HR stuff. Plus, new COBRA Notices!!!
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ANSWERED! What happens to your PPP loan forgiveness amount if an employee rejects an offer to rehire?
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In HUGE non-coronavirus news, U.S. Women’s Soccer lost its Equal Pay Act claim
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A lawyer is the plaintiff in a new COVID-19 wrongful discharge lawsuit
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The most important COVID-19 shelter-in-place HR blog post since ever.
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PROOF that the DOL is enforcing the FFCRA. Plus, who needs a PPP Plan B? And details on Friday’s Facebook Live!
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Bookmark This! PA and NJ have plans to reopen non-essential businesses. And a Friday FB live!
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What do restrictive covenants have to do with COVID-19? More than you think.
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Part Three: A much bigger FFCRA lawsuit (not exactly what employers expected).
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The types of COVID-19 lawsuits that employers can expect. Part Two: FFCRA
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The types of COVID-19 lawsuits that employers can expect. Part One: WARN Act
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Yesterday’s DOL update on the FFCRA may be the most important one for employers. And here’s why…
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Here’s an idea to promote employee mental health during COVID-19.
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The White House announces a three-phase plan to reopen America and get people back to work
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New Jersey just amended its mini-WARN law. The same mini-WARN law it amended in January
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New Jersey expands family leave protections during the COVID-19 outbreak
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Here’s a sneak preview of some of the next possible federal stimulus plan, and what it could mean for your business
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Join me on Friday (4/17) at noon EDT for the COVID-19 online Jeopardy-style quiz game for HR
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What’s on tap today? New COVID-19 guidance from the EEOC and CDC. And it’s Facebook Live at noon EDT.
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If you’ve come looking for COVID-19 OSHA Guidance, well then, you’ve just hit the jackpot!
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SCOTUS has a thing or two to say about age discrimination, which has nothing whatsoever to do with COVID-19.
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Yes, you can have your cake and eat it too.
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Here’s what you missed on our Facebook Live Chat. Plus, the DOL issues even MORE FFCRA guidance!!!
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Join me on Facebook Live today at noon for another COVID-19 chat for HR and employment attorneys
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DOUBLE FEATURE: CARES Act (PPP) and FFCRA videos that will explain everything*
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BONUS POST: The IRS wants you to know how to document FFCRA leave to get those tax credits
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A CARES Act Paycheck Protection Program AMAZING SPECTACULAR here tomorrow! Today, it’s another NJ employment law.
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The EEOC’s 42-minute COVID-19 webinar explained in about 4.2 minutes.
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New FFCRA guidance from the DOL: F/T v. P/T, “health care provider,” small business exemptions and more!
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Four ways that the $2T Senate bill could impact the paid leave law that’s already stressing you out. Plus, an intermittent leave update!
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Updated:
DOL issues a Families First Coronavirus Response Act notice. And employment law nerds, like me, spotlight an error.
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Updated:
DOL issues new COVID-19 guidance. Plus, six can’t-miss FREE webinars for HR. And another Friday chat with me.
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You think COVID-19 discrimination claims are bad? “Hold my drink,” says the whistleblower.
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DOL guidance on the new COVID-19 paid leave law. Plus, the IRS has tax credit info. And catch the replay of our Friday chat!
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REMINDER: Facebook Live and Zoom chat today at Noon Eastern. Here’s what to expect…
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Okay, back to #CoronavirusHR. We have a new law — yes LAW — the EEOC weighs in, and we’re chatting on Friday at noon!
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We’re gonna take a coronavirus break today to talk about marijuana
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So, when exactly is this COVID-19 paid sick leave and FMLA relief package going to become law?
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In plain English, here’s what the House just greenlit for emergency FMLA and paid sick leave
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Weekend Update: Federal emergency paid sick leave is coming, with significant changes to FMLA too.
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Pending federal Coronavirus legislation could create major changes to the FMLA.
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Let’s update you on the status of paid sick leave for Coronavirus/COVID-19…
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🚨Another federal agency has issued Coronavirus guidance to help your workplace🚨
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The best employment law podcast is back! Tune in to the Hostile Work Environment podcast.
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😮📢Feds introduce legislation mandating paid sick leave for Coronavirus
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And you know what else isn’t an ADA disability? Morbid obesity, says another federal court.
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Stress headaches caused by a particular supervisor aren’t enough to establish a disability because…
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The EEOC has just weighed in on what employers should know about the Coronavirus and the ADA
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Do you know FMLA better than a federal judge? Take this three-question quiz and find out.
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A college recruiter was fired for allegedly lining up high school students by complexion and nappiest hair.
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When can you ask an employee with a disability for more medical information?
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17 states have sued to stop the joint-employer rule. No, not yesterday’s joint-employer rule; the other one.
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The NLRB’s new joint-employer rule is out today. Here are the three things employers need to know about it.
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Does complying with the ADA mean offering short breaks to employees who have angry outbursts?
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I have a copy of the EEOC’s ‘top secret, classified, confidential’* priorities for 2020. Want to see it?
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This, right here, is some of the most messed up retaliation (allegedly). And it all settled for a cool milli.
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How do your employees report FMLA absences?
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Governor Phil Murphy wants an “overhaul” of the New Jersey Law Against Discrimination
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Study reveals that job recruiters are least likely to select candidates that do WHAT on social media?
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But, Eric, how can employees get FMLA if they are overseas?
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Can an employee, stranded on a quarantined cruise ship, take FMLA? #Coronavirus
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For one company, forced worker arbitration may turn out to be its worst nightmare.
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A federal court just killed collection of EEO-1 employee pay data dead. Happy Tuesday.
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TikTok, the new(ish) social media kid on the block, claims some employee victims.
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Philly employers cannot ask applicants about salary history, rules federal appellate court
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But, the baby! 27,000 more reasons not to stop pregnant women from working.
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Bookmark This! How many employees must we have to be covered under certain employment laws?
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Oh, it’s back on in Pennsylvania as new salary-level test hikes are approved.
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🔎Your post-Super Bowl guide to spotting employee FMLA or other sick leave abuse🔍
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I’m going to teach you — for free — a $100,000 lesson on workplace accommodations
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How do you prove discrimination (when you’re accused of inappropriate relations with a student)?
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The hits keep coming in NJ. This time we have new laws targeting independent contractor misclassification.
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Pat yourselves on the back, employers. EEOC Charges dipped to a new 27-year low!!!📉
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Man claims bank discriminated against him for, get this, refusing to deposit a race discrimination settlement check
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Remember when Barstool Sports mocked unionization on Twitter? How do you think that ended?
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Guess which state just became the first to require severance following a mass layoff?
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Lawsuit: Does the ADA require an adult film website to accommodate a deaf individual by closed captioning the videos?
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The “harassing, stalking, disturbing, and menacing” plaintiff lost her discrimination case. Go figure.
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A bipartisan federal bill proposes to require nursing mom protections for all female employees.
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At last. At long last, New Jersey has finalized its regulations supporting its Earned Sick Leave Law
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A customer’s preference for an employee of a certain gender usually does not justify sex discrimination — even at a strip club.
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Forget what you heard. THIS, right here, will be the biggest employment law concern for employers in 2020.
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The ACLU and U.S. Chamber of Commerce AGREE on something. And it’s a pregnancy discrimination bill?!?
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SCOOP: The DOL has issued final joint-employer rules
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GOTCHA! You won’t believe how one company unraveled an employee’s ‘flat tire’ absence excuse
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If DOL opinion letters turn you on, sit down, maybe grab a cigarette, and read this blog post.
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“Smokers and other nicotine users need not apply.” Is that even legal?
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A worker complained on Twitter about a $6 holiday gift from his employer. It didn’t end well.
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Federal appellate court instructs NLRB to reconsider whether it’s okay for an employee to use sexist language
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The results are in! Here’s what HR readers did to prepare their companies for the new DOL overtime rules.
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POLL: What did your business do to prepare for the new DOL overtime rules?
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The Best of The Employer Handbook in 2019 confirms that you readers are STONE COLD SAVAGES!
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Your New Jersey HR Compliance Checklist for January 1, 2020📝☑️
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“How can the same s**t happen to the same guy twice?”
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You’ll never guess which state has joined NY and CA by banning grooming and hairstyle discrimination at work
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Finally, the EEOC has come around on arbitration agreements as a condition of employment
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Dammit! They’re practically twisting my arm to blog about union-related stuff.
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This former employee who was fired for social media posts will get his job back. But, your employees probably won’t.
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Big changes may be coming to the way your business makes religious accommodations for employees
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Updated:
The DOL announces a Final Rule to help you offer perks and benefits to your employees and still pay those workers properly
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ADA accommodations don’t require eliminating essential job functions, like coming to work punctually.
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Updated:
Bipartisan bill will provide 12 weeks of paid parental leave. But, there’s a catch…
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Updated:
The most valuable employment law lesson you’ll receive today
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Imagine if your trainees ended class with a celebratory Nazi salute
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FMLA and other protections for part-time employees. These could be coming soon…
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There’s retaliation, and then there’s locking the complainant in a walk-in freezer. (Allegedly)
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Yes, if you get fired (or not hired) for holding a PA medical marijuana card, you can sue.
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Can a demotion be a reasonable accommodation under the ADA?
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Folks, it’s never a joke when employees use the N-word at work. Make sure your managers know that.
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Updated:
The best 19 traditional Thanksgiving sides (2019 edition). You won’t believe number 4!
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2,650,000 more reasons to provide a chair to an employee with a disability who needs one
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Can you fire a supervisor accused of sexual harassment without investigating first? Yep.
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Updated:
MAJOR wage and hour news in PA! Minimum wage going ☝️; Proposed salary-level test going 👇, and more!
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This great federal court decision I read offers seven keys to a proper severance agreement
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You be the judge: Does this sound like race discrimination to you?
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Six million reasons to remember that the EEOC continues to take your company’s background checks seriously
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Can a company require new employees not to bash it on Glassdoor? Is that legal?
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A new bipartisan bill would create more FMLA leave time for spouses that work for the same employer.
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New legislation in NJ would make it much harder to use independent contractors
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Courts don’t second-guess non-discriminatory business decisions. Even the tough ones.
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How to fire a poor performer who complains about discrimination and still avoid a retaliation claim
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Updated:
The DOL plans to make it easier for you to pay bonuses while using the fluctuating workweek
:
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As we approach the holiday season, remember to protect your seasonal workers
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Updated:
Was the plaintiff too Jewish to get a job in Ohio? Or was it something else? (Spoiler alert: Something else)
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Updated:
A company called the plaintiff an ‘old timer’ and later fired him. But he LOST his age bias claim. Here’s why…
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Updated:
You know that employee that won’t shut up about being underpaid? Yeah, well, you may be stuck with that person.
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Holocaust denials — especially in email — generally don’t provide job security
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“Surprise! There’s a Skeleton in Your Candidate’s Closet!”
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You’re worried that an obese applicant may later develop diabetes. Can you refuse to hire him?
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Updated:
Sexy Mister Rogers and the rest of your last-minute ‘what not to wear to work tomorrow’ checklist.
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Updated:
Pennsylvania, yes Pennsylvania, announces new overtime rules that are more generous than federal law
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Updated:
Yes, you can be fired for sharing Elmo poop memes. It’s another lesson on at-will employment.
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Updated:
PODCAST: How to Treat Employees Like Humans – Even When You’re Firing Them
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Updated:
This leaked deposition transcript from a race discrimination case is like a bizarro embassy scene from Lethal Weapon 2.
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Updated:
A first-of-its-kind nationwide ban on non-competition agreements is coming. Possibly.
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Updated:
Common sense prevails! School reinstates black man it fired for repeating a racial slur directed at him as he told the person to stop
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A black man was fired for repeating a racial slur directed at him as he told the person to stop
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Updated:
‘You better finish off your work quick, or I’ll ship you all off to the gas chambers.’
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Updated:
I’ll send Tommy back there to hit you in the head with a tack hammer if you get this HR compliance question wrong.
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Updated:
What happens when an employee who is suing you dies mid-suit? Is the case over?
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Updated:
No more no-rehire provisions in your settlement agreements. What do you think?
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Updated:
Can your business prevent Oscar from living in a trash can without violating the ADA?
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Updated:
Looking for HR information on conducting workplace investigations? You’ve hit the MOTHERLODE!
:
Updated:
And here is a retaliation claim that may make it all the way to a jury to decide
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Updated:
SCOTUS Oral Argument Recap: Is Justice Gorsuch the swing vote on LGBT workplace rights?
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Updated:
Today at the Supreme Court, LGBT rights at work take center stage.
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Updated:
8 examples of employee retaliation claims that courts reject.
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Updated:
An employer trolled a job candidate’s bikini photo on Instagram and it backfired HORRIBLY
:
Updated:
NJ issues “Guidance on Race Discrimination Based on Hairstyle”
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Updated:
ICYMI: Here’s a link to yesterday’s FMLA and workers’ compensation webinar. It’s free!
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Updated:
No, a late request for a workplace accommodation doesn’t excuse prior performance issues
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Because even Al Capone had to pay his taxes on illicit income
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When is a hostile work environment not a hostile work environment?
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Updated:
Let’s have date, you and I. Actually, how about two?
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The DOL final overtime rule is out today. Here is what employers need to know now.
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Updated:
Court slices FMLA retaliation claim of employee caught golfing while on leave
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Updated:
The House just delivered a big blow to employment arbitration agreements.
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Updated:
Sometimes, it doesn’t take a law degree to know that an employer may have really screwed something up.
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Updated:
If one of your employees wears this to work, tell that person to GTHO!
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Her resignation letter described a “great experience” at work. Then she sued for hostile-environment constructive discharge.
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Updated:
Hooters 2.0? EEOC says that a lingerie store can’t refuse to hire male salespeople
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Updated:
Four mistakes that you and your managers make when firing employees
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Updated:
A final word (for now) on the EEO-1 reports that you just love to hate
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Updated:
Meanwhile, in France, a court ordered an employer to pay for a married man’s accidental death during sex on a business trip
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Updated:
Five wage and hour goodies for your business. Trust me. This won’t be weird at all.
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Updated:
Get your damn story straight if you’re going to fire someone who just returned from medical leave.
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Updated:
They took her complaint seriously, fired her harasser, promoted her twice, and then retaliated against her?!?
:
Updated:
NLRB: Maybe, after all, it’s not ok for employees to call their bosses nasty motherf***ers
:
Updated:
PODCAST: How to create a sexual harassment policy
:
Updated:
How many of you would risk the retaliation claim here? (I would)
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Updated:
Do you use the FLSA’s fluctuating workweek method? Do you pay bonuses too? You’ll want to read this.
:
Updated:
Could misclassifying an employee as an independent contractor violate the FLSA and federal labor law too?!?
:
Updated:
READ THIS: “Marijuana and the Workplace: It’s Complicated”
:
Updated:
Ok, let’s see how you guys did on yesterday’s social media policy quiz
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Updated:
Common social media polices. Guess which ones are actually unlawful.
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Updated:
The post-employment retaliation trap that your business needs to avoid
:
Updated:
Vacation Thread: It’s the FMLA PowerPoint that will have your HR-compliance feet doing a happy dance
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Vacation Thread: The Zamboni-Drivin’ Disability-Discriminatin’ Lawsuit
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Updated:
Vacation Thread: It’s another FMLA warning about your dookie ‘no-fault’ attendance policy
:
Updated:
Vacation Thread: Probably best not to threaten to fire employees who support unionization
:
Updated:
Vacation Thread: DOJ says that transgender discrimination under Title VII is perfectly legal
:
Updated:
FMLA forms may be changing soon. What will they say? How will HR cope? #breathe
:
Updated:
NLRB: An employer’s “sign this arbitration agreement or you’re fired” edict is totally cool with us
:
Updated:
Three strikes and the EEOC guidance on background checks is out (or close to it).
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Updated:
DOL: An employee may take FMLA leave to discuss a child’s special education needs at school.
:
Updated:
NJ has a new ‘wage-theft’ law. Here are 10 things that employers must know about it now.
:
Updated:
When do (or don’t) Facebook posts create a hostile work environment?
:
Updated:
Blame it on the a a a a a alcohol
:
Updated:
Are you an HR department of one? The EEOC has your back with this great free resource.
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How many things can you find wrong with this picture?
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Updated:
It’s the wage and hour question that your business must be able to answer
:
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SCOOP! PA businesses may have to allow employees to use medical marijuana outside of work
:
Updated:
Filling out those EEO-1s stinks. But, it could be worse…
:
Updated:
Everything* that employers need to know about medical marijuana and the workplace
:
Updated:
Does over-accommodating an employee’s disability expose your business to ADA claims?
:
Updated:
NJ says goodbye to salary-history questions for job applicants
:
Updated:
PA Supreme Court will decide whether two businesses can agree not to poach each other’s employees
:
Updated:
Harassment training entirely via text message. Could this actually work?
:
Updated:
Can sexual harassment investigations create an intolerable and hostile work environment for the harasser?
:
Updated:
The case of Al Franken and why good workplace investigations are so darn important
:
Updated:
🔥🚒👨🚒Firefighter fired for hostile social media posts may have been discriminated against🔥🚒👨🚒
:
Updated:
All eyez on me! Was an Iowa Bureaucrat forced to resign because he REALLY loved Tupac’s rap game?
:
Updated:
The top five, juiciest, greatest-ever HR compliance posts that I’ve read in the past 24 hours
:
Updated:
Does randomly re-testing employees who earlier test positive for drugs or alcohol violate the ADA?
:
Updated:
How long does your employee have to file an EEOC Charge of Discrimination against your business?
:
Updated:
Mom ordered a ‘Moana’ cake for her daughter’s birthday. She got a marijuana cake instead. Whoops!
:
Updated:
It is SO DARN EASY for one of your employees to pursue a discrimination claim. But, here’s the thing…
:
Updated:
Five things NJ employers need to know about the State’s expanded medical marijuana law
:
Updated:
40,000 reasons to remember that the duty to accommodate in your workplace begins right away
:
Updated:
A stray comment is probably not enough to lose a discrimination lawsuit. But, it can be enough to lose a job.
:
Updated:
Twenty years later, a creepy “casting couch”-type scene from Toy Story 2 hasn’t aged well.
:
Updated:
$5 trillion says that LGBT discrimination at work is against federal law
:
Updated:
The most fun you can have in a week with wage and hour compliance!!!
:
Updated:
What form of discrimination do juries hate most? (But, you’re probably doing the least to address.)
:
Updated:
How NOT to handle an employee’s return to work from heart surgery.
:
Updated:
A substitute teacher was fired for allegedly filming porn in a high school classroom. Let’s have a lesson on background checks.
:
Updated:
I can do better than yesterday’s weak sauce “72 police officers” post
:
Updated:
72 police officers in trouble over offensive Facebook posts is your wake-up call to reeducate employees about responsible social media.
:
Updated:
Even a sex museum must try to prevent sexual harassment in the workplace
:
Updated:
Can a marijuana dispensary be responsible for a manager’s sexual harassment?
:
Updated:
Here’s a sneak preview of the outtakes from my ADA/FMLA MEGA session at SHRM19 in Las Vegas
:
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HR, here’s what you need to know when determining whether your employee’s obesity is an ADA disability.
:
Updated:
Three employment law lessons from Harvard University’s decision to revoke the admission of a Parkland shooting survivor
:
Updated:
Could a judge force you to provide anti-harassment training if you create a hostile work environment? Maybe not.
:
Updated:
A new bill in Congress would mute the Department of Labor’s proposed overtime rule changes
:
Updated:
And the first state to ban employers from refusing to hire applicants who test positive for marijuana is…
:
Updated:
I come bearing HR-compliance gifts for you today
:
Updated:
When it comes to avoiding claims of age discrimination, consider the optics
:
Updated:
Does your sexual harassment training include this important topic? If not, it should.
:
Updated:
Retaliation can come in many shapes and sizes
:
Updated:
“Paid Sick Leave?!? How about paid leave for ANY reason? Now, hold my lobster martini.” — Maine, probably.
:
Updated:
It sure sounds like several state AGs are going to sue to block the DOL’s proposed overtime rules.
:
Updated:
I’m a wizard, apparently, plus four other employment law takeaways from yesterday’s SCOTUS decision.
:
Updated:
Eminem’s take on federal anti-discrimination administrative exhaustion requirements. Probably.
:
Updated:
Everything you’ve ever wanted to know about employee opioid and marijuana use in the workplace
:
Updated:
“An employee who has suffered a heart attack has enough to deal with without having to face unlawful discrimination and unemployment.”
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Updated:
Grab the tack hammer. It’s the ‘Tommy Boy’ of employment discrimination stupid.
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Updated:
You can’t fire an employee while on FMLA leave. Except when you can.
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Updated:
The largest HR organization in the world ❤’s the DOL’s proposed overtime rules. Mostly.
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Updated:
The owner’s son was fired for peeing on a child’s cancer memorial. Lessons on accountability and off-duty conduct.
:
Updated:
2020 presidential candidate Kamala Harris just floated ‘the most aggressive equal pay proposal in history.’
:
Updated:
What does a $3.3M jury verdict for race discrimination by a strip club look like? I’ll show you.
:
Updated:
The House passed the Equality Act to protect LGBT rights at work. Here’s why it won’t become law.
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Updated:
A new bill in Congress will end forced arbitration of employment claims. But, will it pass?
:
Updated:
Examples of pregnancy accommodations include shift changes, rest breaks and, oh yeah, open-toed shoes.
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Updated:
A company allegedly fired a woman because she got an abortion. But, is that illegal?
:
Updated:
Is it ok to ask a lesbian co-worker to use her ‘gaydar’ to determine whether a new client is also gay?
:
Updated:
The EEOC has a new Chair and a quorum. Here’s what this means for employers.
:
Updated:
Was that a ‘white power’ symbol at the Chicago Cubs game? Still not ok.
:
Updated:
When a woman makes offensive comments about being female. A lesson on implicit bias.
:
Updated:
Alcoholism and the ADA: Is it a disability? If so, how do you accommodate? And what are the limits?
:
Updated:
If at first, you don’t succeed, try, try, try, try again. Then, file an age discrimination lawsuit. Then try again.
:
Updated:
You just approved FMLA leave for an ineligible employee. What now?
:
Updated:
New legislation would guarantee employees the right to collective and class action litigation
:
Updated:
Did you miss yesterday’s #NextChat on Managing the Challenges of Leave Under the FMLA and ADA?
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Updated:
Seven signs the non-solicitation and non-competition agreements your employees signed may be unenforceable.
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Updated:
#Nextchat: My Employees Can Miss How Much Work?! Managing the Challenges of Leave Under the FMLA and ADA #SHRM19
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Updated:
Yeah, about that rule where you don’t allow employees to text that they’ll be late or absent…
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Updated:
For real this time, the EEO-1 deadline is September 30, 2019. Seriously
:
Updated:
The Supreme Court just buried class-action arbitration of employment claims*
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Updated:
A heterosexual employee sued for sexual-orientation discrimination. Really?!?
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Updated:
Why was there an employment law trending on Twitter yesterday? Oh, I think I know.
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Updated:
How in the world did a DEAD person get suspended for racist behavior?!?
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Updated:
The readers have three follow-up ADA questions about job applications. Let’s answer them.
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Updated:
Yes, you can be fired for cursing about clients in the office bathroom
:
Updated:
If your job applications look anything like this, well, damn, you’ve got some ADA problems.
:
Updated:
Does an employee have an ADA ‘disability’ if it substantially limits the major life activity of ‘working’?
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Updated:
285,000 reasons that your company president shouldn’t ridicule an employee with a disability. Especially not in email.
:
Updated:
NYC is going to ban pre-employment marijuana drug screening. How do you feel about that?
:
Updated:
The EEOC just announced its 2018 performance numbers. Here are three things employers need to know.
:
Updated:
Imagine being forced to re-employ the person who claims that your company discriminated against her.
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Updated:
What do you think about ‘Thank You’ notes and, maybe, adding a live weekly video chat to this blog?
:
Updated:
Looks can be deceiving. Morbid obesity isn’t necessarily a disability.
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Updated:
Will you have to provide employee pay data with your EEO-1? When’s the new EEO-1 deadline? I’ve got answers.
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Updated:
There are better ways to improve employee morale than with exorcisms and sex questionnaires, I’m told.
:
Updated:
The Department of Labor trifecta is now complete with new joint-employer rules coming soon
:
Updated:
On Equal Pay Day, let’s take a closer look at what’s being done to address pay disparity.
:
Updated:
Another New Jersey court weighs in on MedMar accommodations…and it’s WILD!
:
Updated:
🚨🚨DOL plans to clarify how companies calculate overtime for employees🚨🚨
:
Updated:
Fact or Fiction: Can an employee pursue a hostile work environment claim based on his disability?
:
Updated:
Discrimination 101
:
Updated:
EEOC: A company that helps people with disabilities violated the Americans with Disabilities Act.
:
Updated:
How does one of your employees actually prove discrimination in court?
:
Updated:
The time has come to re-rank my cereal cabinet. Let’s do it ‘Rocky’ style!
:
Updated:
The EEOC held a ‘top secret’* meeting with business groups yesterday and I’ve got all the details.
:
Updated:
A critical EEO-1 update and let’s revisit my Bloggerdome cereal rankings. The struggle is real!
:
Updated:
New Jersey just banned NDAs in discrimination, retaliation, and hostile work environment settlements
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Updated:
A pharmacist claims that his employer should have accommodated his fear of needles. And he may be right.
:
Updated:
U.S. Department of Labor flips the bird for FMLA-eligible employees who then try to decline FMLA leave
:
Updated:
With more co-sponsors than ever and huge corporate support, will Congress finally vote to ban LGBT discrimination?
:
Updated:
NJ is now THIS CLOSE to legalizing recreational marijuana. Here’s what that means for employers.
:
Updated:
Three HR lessons from a supervisor’s alleged knuckle-dragging savagery.
:
Updated:
On International Women’s Day, the U.S. Women’s Soccer Team sued U.S. Soccer to demand equal pay.
:
Updated:
BREAKING-ish, sorta, not really. Yeah, you knew this was coming. The DOL officially announces overtime changes.
:
Updated:
Hey Eric! Can I spy on my former employee’s Facebook messenger account?
:
Updated:
Your EEO-1 will now take 3.4 hours longer to complete
:
Updated:
So glad you asked. I’ll tell you all about my first year at FisherBroyles, the largest cloud-based law firm in the world.
:
Updated:
New overtime rules are coming (yes, really this time!). Here are eight things employers need to know to prepare.
:
Updated:
Does your company use no-hire agreements? Better call a lawyer. Maybe a criminal lawyer.
:
Updated:
This parking company may have assumed that a deaf applicant wasn’t right for a valet job. But, what happens when you assume? 🤔
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Updated:
This, right here, will restore your faith in humanity.
:
Updated:
Yesterday’s United States Supreme Court Equal Pay Act decision — in a limerick.
:
Updated:
It’s never too early to conduct anti-harassment training
:
Updated:
Was this social media editor fired for being too racist?
:
Updated:
On the heels of its $15/hr. minimum wage hike, the hits keep coming in NJ. This time, it’s family medical leave.
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Updated:
Sometimes you can favor women over men for a job; other times it’ll cost you $41,000
:
Updated:
Will this time be the charm for some workplace bills recently reintroduced in Congress?
:
Updated:
The Henry Pratt Co. tragedy and six ways employers can avoid gun violence in the workplace
:
Updated:
Some belated #HRValentines💕🤣😂
:
Updated:
Bookmark and share: Lessons from an employment lawyer’s comeback from crippling mental health issues
:
Updated:
Let’s be clear about this: a hangman’s noose is RACIST
:
Updated:
There’s a false rumor going around that a female employee slept her way to the top. Can she sue for sexual harassment?
:
Updated:
Your employee uses medical marijuana. Her drug test is positive. But, how do you know if she was high at work?
:
Updated:
I’m going to blow your mind with this Fair Credit Reporting Act bombshell
:
Updated:
Lower court reminds us that LGBT rights remain limited in the Third Circuit, well, except…
:
Updated:
EEOC: The equal-opportunity-groper defense is a bad one
:
Updated:
It’s official! NJ is moving to $15/hr minimum wage.
:
Updated:
When do you have the file your EEO-1 this year?
:
Updated:
Does New Jersey’s new equal pay law apply retroactively?
:
Updated:
The Human Resources FMLA (and other questionable absences) Cheat Sheet for post-Super Bowl Monday
:
Updated:
If you have non-competition agreements with non-exempt employees, now would be a good time to grab some pearls for clutching
:
Updated:
Do we have to pay out accrued PTO when an employee separates?
:
Updated:
Appellate court rules that age discrimination against certain job applicants is okay — sort of.
:
Updated:
Girl Scout Cookies and Employment Law – Almost Everything That HR Needs To Know
:
Updated:
Overtime: Two legal actions to reverse the outcome of the Saints-Rams NFC Championship Game
:
Updated:
The NLRB may exterminate Scabby The Rat, and I have mixed feelings about that.
:
Updated:
Another court greenlights discrimination claims for a medical marijuana user fired for failing a drug test
:
Updated:
Workplace lessons from Dr. Martin Luther King, Jr.
:
Updated:
“Hold our drink, feds.” New Jersey strikes deal for $15 minimum wage
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Updated:
How can HR convince the C-Suite to purchase anti-harassment training in 2019?
:
Updated:
New $15 minimum wage bill will be introduced in the Senate today.
:
Updated:
When can you fire the employee who just complained about discrimination or took FMLA leave?
:
Updated:
Need a refresher on providing break time for nursing moms at work?
:
Updated:
She was raped by her supervisor, the company suspended her and put the harasser back to work. How mad did this make a federal jury?
:
Updated:
Litigating against LGBT rights may win one case, but still be bad for business overall.
:
Updated:
Justice Kavanaugh’s first SCOTUS opinion may speak volumes on how he’ll decide the next big employment case
:
Updated:
Now, about those federal courts running out of money this Friday…
:
Updated:
How will a government shutdown and no quorum at the EEOC impact employers?
:
Updated:
Farewell, EEOC Commissioner Chai Feldblum.
:
Updated:
Do you have to pay hourly employees for travel time?
:
Updated:
Let’s start the year off with a big joint-employer decision
:
Updated:
Thank you to the readers for a fantastic 2018
:
Updated:
26 of the best last-minute stocking-stuffer ideas🎄🎁🎅
:
Updated:
When does federal law require you to pay a job applicant to interview? Wait, what?!? (UPDATED)
:
Updated:
A federal judge declared the Affordable Care Act unconstitutional. In plain English, here’s what this means for your business.
:
Updated:
CBS just denied Les Moonves’ $120M severance. Can it do that? I have his employment and severance agreements.
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Updated:
If you could only listen to one HR-compliance podcast episode…
:
Updated:
Imagine your employee signing a release and then suing you. That would stink, wouldn’t it?
:
Updated:
Lawsuit: Open-mouth kisses, spanking, and nudity. No, this is most definitely not your typical pharmacy.
:
Updated:
EEOC hauls in over $5M from two employers accused of pregnancy discrimination. Here are some ways to keep your money.
:
Updated:
Survey says that artificial intelligence may actually promote bias, rather than help to eliminate it
:
Updated:
In plain English: How will Philadelphia’s Fair Workweek law impact your local business?
:
Updated:
Not every offhand comment, slight, and insult is a federal lawsuit.
:
Updated:
A case for progressive discipline
:
Updated:
Court denies man’s pay-disparity claim because, yep, he was paid more than the women. 🤦
:
Updated:
Discrimination. It ain’t rocket science. Well, except when it is.
:
Updated:
Wait, what? What did that store’s general manager just say about the applicant with a hurt arm?
:
Updated:
The woman who worked for a sex-toy store has … wait for it … a sex-plus claim.
:
Updated:
This GM’s Facebook posts weren’t enough to sink his employer, but you may not be so lucky.
:
Updated:
340,000 reasons to take harassment complaints about customers seriously
:
Updated:
Do you have to pay overtime to a drug dealer?
:
Updated:
Are you confident — “defending-a-class-action-lawsuit” confident — that you’re protecting electronic employee data?
:
Updated:
Ranking turkey and the 19 best side dishes that you can serve on Thanksgiving – 2018 Edition
:
Updated:
FMLA and attendance awards, how does that work?
:
Updated:
Employer sees something wrong with a little bump n’ grind, defeats sexual harassment lawsuit
:
Updated:
From wonky to wonkier, why your arbitration agreement may not be worth the paper on which it is printed?
:
Updated:
Fair Labor Standards Act Obituaries: The 80/20 Rule
:
Updated:
Your 11-month employee just requested FMLA leave. Can you fire her before leave begins in the 12th month?
:
Updated:
Google ends forced arbitration of sexual harassment claims. Should you? Then what?
:
Updated:
A reporter sought an interview with a Senate candidate, but said a little bit more — TMI — after she thought she had hung up the phone.
:
Updated:
What if the general release in your severance agreement isn’t as “general” as you think it is? What then?
:
Updated:
It’s unanimous! Supreme Court rules that any public-sector employee 40 years or older may file an age-bias claim
:
Updated:
Severance Agreements: Make them easy to understand and don’t pressure an employee to sign
:
Updated:
At least two employees didn’t read my ‘blackface’ post, and you’ll never believe what some Idaho teachers wore for Halloween
:
Updated:
It’s time to VOTE for the “Worst Employer of 2018.”
:
Updated:
Five great ideas on how your business can revamp workplace culture to prevent harassment
:
Updated:
The procrastinator’s guide to figuring out New Jersey’s Paid Sick Leave law
:
Updated:
If at first you don’t succeed, sue, sue, and sue again.
:
Updated:
The Boston Red Sox are 2018 World Series Champions! (You weren’t expecting a blog post today, were you?)
:
Updated:
There’s a chatbot for HR to log discrimination complaints. But, would you use it?
:
Updated:
The DOJ says that Title VII does not protect transgender employees, and this should not surprise you.
:
Updated:
Blackface is a bad idea for Halloween at work, and other ways that you can avoid calling me on November 1.
:
Updated:
Three wins for readers of The Employer Handbook
:
Updated:
This company fired an employee on the same day that she returned from pregnancy leave … and won the lawsuit.
:
Updated:
Before you decide to go aquatic in your office, watch this video. 🤣🤣🤣
:
Updated:
This employee fired for a “caught on camera” racist tirade won’t be collecting $100,000. Probably.
:
Updated:
Believe it or not, there’s a good reason why one employer must pay $100K to a worker it fired for racist Facebook posts
:
Updated:
The results of SHRM’s study on workplace harassment confirm that I’ll be staying busy for the foreseeable future.
:
Updated:
#MeToo went viral. But, how big has it really been on social media?!? I’ve got the numbers…
:
Updated:
I’m gonna go ahead and file this post about age discrimination under “Duh!”
:
Updated:
When must you provide light duty to a pregnant employee? It depends…
:
Updated:
Does the ADA protect someone recovering from drug addiction? Yep.
:
Updated:
When the same person does the hiring and firing, can there really be any discrimination?
:
Updated:
If an attorney investigates workplace harassment, must the company share the report if it is later sued?
:
Updated:
#MeToo began in late 2017. But, was there really a new surge of sexual harassment claims since? Let’s find out…
:
Updated:
Deaf lifeguards, deaf truck drivers, and the dangers of stereotyping an individual with a disability.
:
Updated:
What have I done? For the love of Fair Credit Reporting Act!!!
:
Updated:
Is it retaliation to fire an HR employee for encouraging a co-worker to file an EEOC charge? Well…
:
Updated:
Thank you for your comments on whether “overqualified” is code for age discrimination
:
Updated:
Is “overqualified” code for age discrimination?
:
Updated:
Eric’s Wild-n-Crazy HR-Compliance Road Show – Coming atcha!
:
Updated:
The EEOC accused a law firm of defending its pregnancy discrimination with more pregnancy discrimination.
:
Updated:
11 steps that you can take now to reduce harassment in your workplace
:
Updated:
Here’s what a report from a huuuuuuuuuuge sexual harassment investigation looks like
:
Updated:
#WhyIGotFired is way better than “an ugly mix of sexism, racism, and xenophobia”
:
Updated:
It’s not a good look when the EEOC accuses your company of “an ugly mix of sexism, racism, and xenophobia”
:
Updated:
Did he intend to flash a white power symbol on live television? Either way, it’s not okay.
:
Updated:
Vontae Davis’s hecka-crazy NFL retirement makes you wonder how prepared your business is.
:
Updated:
Yes, visitors to your workplace can also create hostile work environments for your employees.
:
Updated:
The National Labor Relations Board is revising its joint-employer standard. Wheeeeeeeee!!!!!!
:
Updated:
I’m just reminding you that turning away a transgender employee based on stereotypes is unlawful
:
Updated:
Yesterday’s post gotcha down? How about some résumé blunders to cheer you up! 🤣🤣🤣
:
Updated:
A federal court concluded that a federal contractor couldn’t fire a medical marijuana user
:
Updated:
Can you ban your employees from wearing Nike apparel at work?
:
Updated:
If you’re considering adding pole dancing to your new-employee orientation, you should reconsider.
:
Updated:
So, you want to change the essential functions of a particular job, do you? Let’s talk ADA.
:
Updated:
Bookmark This: Seven Resources to Answer Some of Your Employment Questions
:
Updated:
I’ve got links to the new FMLA forms from the U.S. Department of Labor
:
Updated:
I can’t unsee a chicken eating jerk chicken
:
Updated:
Oh, look. It’s DOL guidance on FMLA and no-fault attendance policies
:
Updated:
Do organ donors qualify for FMLA leave?
:
Updated:
Sorry, folks. Cruise ship internet is trash today.
:
Updated:
16 states have asked the Supreme Court to limit LGBT rights at work. Which 16, you ask?
:
Updated:
Would-be NASA intern gets vulgar with another Twitter user — turns out he’s a NASA legend — promptly loses internship
:
Updated:
EEOC: HR didn’t want to set a disabled employee up for failure, so the company fired her instead.
:
Updated:
Every state in the Third Circuit now recognizes LGBT rights at work. Third Circuit not so much for now.
:
Updated:
What happens when a sexual assault victim is later accused of sexual assault? #MeToo
:
Updated:
Which law firms would I recommend that you use to sue your employer?
:
Updated:
You and I, we need to have a talk about yesterday’s survey.
:
Updated:
Do your employees trust your Human Resources Department?
:
Updated:
NJ federal court: Employers don’t have to excuse medical marijuana users from taking workplace drug tests
:
Updated:
New Jersey is teaming up with the DOL to crack down on worker misclassification
:
Updated:
EEOC: Major U.S. airline ignored sexual harassment that ultimately ended in an FBI arrest and conviction
:
Updated:
“Eric, if we sexually harass female AND male employees, that cancels itself out, and we’re good, right?”
:
Updated:
What perks are your company offering to land top talent?
:
Updated:
Bah-gawd, those were two hecka-expensive bottles of orange juice!
:
Updated:
Could an unhealthy Snapchat selfie addiction spiral into an ADA workplace disability?
:
Updated:
Will Marco Rubio’s new federal paid-leave legislation be the one to emerge from the pack?
:
Updated:
Fact or Fiction: The ADA requires accommodating an employee to care for a relative with a disability?
:
Updated:
Uncertainty in a major transgender-bias SCOTUS case, and an EEOC Commissioner speaks her mind on LGBT rights and religious liberty.
:
Updated:
Racist road rage ends badly for road-rager who claims that he’s not a racist.
:
Updated:
2.5 million reasons not to refer to black employees as ‘slaves’ or fire them after they complain to HR
:
Updated:
A Native American claimed that Washington Redskins chatter at work was racist. But, can she win her lawsuit?
:
Updated:
Well, you can’t plan for everything. Like naked workouts, for example.💪💪💪
:
Updated:
That SHRM-endorsed House bill promoting paid employee leave across the country takes center stage
:
Updated:
Mediation Survey Results!!! (I picked the right side hustle.)
:
Updated:
SURVEY: Hey HR, in-house, and outside counsel! What do you think about mediation?
:
Updated:
Can you make someone who only wants intermittent FMLA take continuous leave instead?
:
Updated:
RIP Ann Hopkins
:
Updated:
A federal appellate court judge is 😤steamed😤 that her colleagues won’t address gay rights at work
:
Updated:
So, how many of you think that your HR Generalists need to come to work all the time? Read this post.
:
Updated:
She couldn’t workout at her preferred time, so she quit her job. And sued.
:
Updated:
Could forcing an employee to sign a last chance agreement lead to a retaliation claim?
:
Updated:
My conversation with the lawyer who, IMHO, just earned the biggest employment law win of 2018.
:
Updated:
It’s the most important employment law decision of 2018
:
Updated:
All the 🔥hot🔥 takes on how Supreme Court Justice Brett Kavanaugh could shape employment law
:
Updated:
Will I see you at EEOC EXCEL today? It should be EXCELLENT! (See what I did there?)
:
Updated:
Your employees can use your company email to try to form a union. But for how much longer?
:
Updated:
From the Archives: What ketchup on a hot dog can teach employers about at-will employment
:
Updated:
It appears that, yes, you can be fired for flipping off President Trump’s motorcade.
:
Updated:
Your company is more like Google than you think. You have similar respect-in-the-workplace problems.
:
Updated:
What do you do when you learn that an employee is a recovering opioid addict? What don’t you do?
:
Updated:
If your company receives a subpoena from the EEOC, whatever you do, don’t do this…
:
Updated:
Do we have a nominee for “worst employer of 2018”? Let’s see…
:
Updated:
Four EEOC-approved ways that your company can prevent age discrimination at work
:
Updated:
Although firing a proselytizing employee may be perfectly legal, making fun of him is a really bad idea.
:
Updated:
Before you deny an employee’s request for more extended leave after FMLA expires, read this.
:
Updated:
If I hire you to shovel snow in hell, when hell eventually freezes over, you’d better shovel!
:
Updated:
Court concludes that two co-workers’ alleged plot to murder an employee-plaintiff was not retaliation
:
Updated:
You may be able to litigate older trade secret misappropriation claims in federal court. Here’s how.
:
Updated:
Racist posts on Facebook are apparently a really bad look for an HR professional. #shrm18
:
Updated:
Hey HR! Here are 9 ways that you may want to update your employee handbook #SHRM18 #TheEmployerHandbook
:
Updated:
Why would a judge have awarded UC benefits to a white guy fired for making racial slurs?
:
Updated:
An employer tried to enforce an arbitration agreement. The one it never signed.
:
Updated:
Instead of going to HR, can a victim of sexual harassment make a CITIZEN’S ARREST?
:
Updated:
I got you a supercharged HR thinking cap to address harassment problems at work
:
Updated:
And here are 3.5 million more reasons not to enforce a 100%-healed ADA policy
:
Updated:
What I have for you today is even better than a Bryan Colangelo post-mortem!
:
Updated:
Not even George Costanza could’ve pulled this one off…
:
Updated:
NLRB to Dem Senators: We’re no longer “considering” joint-employer rule-making. We are rule-making!
:
Updated:
SCOTUS sides with baker that refused to bake a cake to celebrate gay marriage. But, it’s not what you think.
:
Updated:
Meanwhile, a former company executive was apparently fired because of his wife’s tweets
:
Updated:
Grab your popcorn. We need to talk about this Bryan Colangelo Twitter burner-account bombshell.
:
Updated:
Have you advertised for a candidate with a maximum amount of experience? Could be age discrimination.
:
Updated:
HR lessons from Roseanne Barr’s racist tweet and ABC’s immediate cancellation of her show
:
Updated:
SURVEY: If I custom-designed a one-hour HR-compliance session for you, what topic would you select?
:
Updated:
If you use a third-party to drug test job applicants, then stop what you’re doing and read this post!
:
Updated:
Eric, what employment law and HR blogs do you read, dude?
:
Updated:
FREE WEBINAR and CLE: “Check-In: EEOC, DOL and NLRB Compliance—A Labor and Employment Law Roundtable” [June 6, 2018, 2-3 pm EDT]
:
Updated:
Eric, can I get a simple breakdown of yesterday’s Supreme Court decision on class-action waivers?
:
Updated:
Sorry, Busta Rhymes. You don’t get a “celebrity exception” for settling your wage-and-hour claim
:
Updated:
Another court holds mistaken discrimination is unmistakably illegal
:
Updated:
Fore-get it! Court slices plaintiff’s FMLA claim based on Facebook pics of him at a golf course
:
Updated:
What does the ADA say about employees who use prescription drugs to treat drug addiction?
:
Updated:
I wonder how many burritos a former Chipotle GM accused of stealing $626 can buy with her $7.97 million jury award
:
Updated:
What HR needs to know about blockchain. Or, put another way, HR needs to know about blockchain.
:
Updated:
I’m gonna throw a little employment law at this Matt Patricia – Detroit Lions Sexual Assault saga
:
Updated:
Do transgender employees have ADA rights also? “Well, it depends,” said the lawyer.
:
Updated:
Judge greenlights discrimination claim of white employee critical of Black Lives Matter movement
:
Updated:
Three ways NJ employers can prepare now for “the most sweeping equal pay legislation in America.”
:
Updated:
Two important announcements and an ADA lesson “straight out of the school of hard knocks.”
:
Updated:
“California, hold my drink,” said New Jersey. (A post about paid sick leave) – UPDATE
:
Updated:
If you’re considering forcing your employees to practice the “Onionhead” religion, well, don’t.
:
Updated:
A federal judge put the kibosh on Philly’s salary-history ban. Well, not really.
:
Updated:
AllThingsERISA is the hero we all need
:
Updated:
A new Senate bill would make your non-compete agreements worth less than the paper on which they’re printed.
:
Updated:
From The Readers: The most extraordinary employee excuses for being late to work
:
Updated:
“Historic, sweeping equal pay legislation” passes in New Jersey. Is your business ready?
:
Updated:
Does “I hope this email finds you well” get on anyone else’s nerves? Or is it just me?
:
Updated:
Want to see me testify today on harassment and sexual misconduct in the workplace? Here’s how…
:
Updated:
Must you produce the workplace investigation report prepared to defend a sexual harassment lawsuit?
:
Updated:
“I had morning sickness,” said the man. Crazazy excuses for being late to work!
:
Updated:
Starbucks details how, in one afternoon, it will train about 175K employees on racial bias
:
Updated:
Now THIS right here is some hecka-cold retaliation (allegedly)
:
Updated:
Bookmark This: Starbucks and a lesson on leadership and accountability
:
Updated:
Dear Handbook: Does the FLSA require that non-exempt employees get paid for 16-minutes of intermittent FMLA leave?
:
Updated:
Can you legally fire an employee who butt-dials you while talking smack about the company…to a co-worker?
:
Updated:
Can you legally fire an employee who butt-dials you while talking smack about the company?
:
Updated:
Happy (?) Belated Equal Pay Day
:
Updated:
Very special FMLA/ADA greetings from Huntsville, Alabama
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Remember the woman fired for flipping off the Trump motorcade? Now, she’s suing.
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It’s been a month, Eric. How’s life at FisherBroyles, LLP, the largest cloud-based law firm in the world?
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Should it be unlawful to make employees check work email after hours? Some in NYC Council think so.
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Two more learn the hard way that off-the-clock social media use can be a job killer
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Yesterday’s Supreme Court wage-and-hour decision in Haiku. Great Haiku!
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Stereotype or not, firing a French waiter for acting rude probably doesn’t violate the law.
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These crazazy interview gaffes have nothing to do with pending NJ employment bills
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Mandatory paid sick leave could be coming to New Jersey too.
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NJ is about to pass a HUUUUUUUUUUUGE gender pay equity bill. Are you ready for it?
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A New Orleans Saints Cheerleader claims players get better treatment and that’s discrimination
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Do your employees understand the limits of their freedom of speech? If not, educate them.
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What Dallas’ zero Super Bowl rings this century can teach you about ADA essential job functions
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This is probably not even legal in Mexico
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From the archives: “How do you handle FMLA and FLSA for a snow day office closure?”
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When is working overtime an essential job function? (Psst. I’ll tell you.)
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No one ever said that this FMLA stuff would be easy.
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HELP! DocketBird, PacerPRO, or Bloomberg Law? What’s the best for docket tracking and searches?
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BOOKMARK THIS: A blueprint to providing an employee with a religious accommodation
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Here’s a nice recap of my #SHRMleg “Becoming an ADA Expert” session
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NJ advances bill that would ban confidentiality provisions in any settled discrimination claim
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Indeed, there are 50,000 reasons to avoid “age will matter” in an applicant’s rejection email.
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Philadelphia moves one step closer to requiring sexual-harassment training for all City employees
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Court: Firing an employee because she is transgender has to be sex bias under Title VII
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Why conducting a wage and hour audit now could save you lots of money with the government.
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Thank you (Part III)
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Thank You (Part II)
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Thank you (Part I)
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Gender Pay Gap Meets Grand Theft Auto
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When can you stop allowing extensions of leave under the ADA?
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Common sense prevails in a big legal victory for gay rights in the workplace
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Avoid Mark Cuban’s mistake when dealing with sexual harassment at work
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Ex-Google employee who criticized the Damore memo sues Google after getting fired
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Calling someone “racist” for posting “All Lives Matter” on Facebook isn’t race discrimination.
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Lawsuit: No, it’s not okay to access a vacationing co-worker’s social media at the office
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One employer just slayed both the Ebola Monster and an ADA lawsuit
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An employee’s bad tweets lead New York Times to fire her on the same day it announced her hiring.
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The first cannabis stores in PA are opening. It’s time to re-educate employers on what that means.
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…and in recent sexual harassment news, lots!
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The ADA usually doesn’t require accommodating an employee’s first choice of yoga classes.
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Sorry. I’ll make it up to you today.
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What might federal paid family leave look like? (I’ll give you a sneak peak.)
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Wow, I can actually feel myself becoming a more insufferable Eagles fan with this FMLA post.
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I’m just going to leave some not-so-subtle hints here about how to up your company’s harassment-training game
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The Philadelphia Eagles are Super Bowl LII Champions!!!
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Don’t forget leave as an ADA accommodation. (Yeah, that’s right. Leave!)
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In hindsight, maybe re-hiring the guy who allegedly drugged and assaulted a female co-worker was a bad choice.
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Hey Handbook! Do we have to let our employee bring his emotional-support peacock to work?
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Plaintiff’s discrimination claim foiled by Instagram filters
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Would you fire an employee for something she posted on Facebook … back in high school?
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HR to Vietnamese job applicant, ‘If you no speak English, I will send you home’
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A lesson on workplace drug testing and opioids
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Will the Supreme Court sip from the FMLA ‘Holy Grail’?
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My list of most likely candidates to take an FMLA day in Philly yesterday #FlyEaglesFly
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What makes for good headlines isn’t necessarily unlawful harassment
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Get ready PA employers! Governor Tom Wolf just proposed an overtime overhaul.
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New Jersey’s new governor wastes no time going after equal pay and gender equity issues.
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89,000 reasons to take a more holistic approach to workplace accommodations
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What does it take to be individually liable for discrimination? A lot.
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Dear Handbook: Is it cool if I spray air fresheners to mask my co-worker’s obnoxious chronic body odor?
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Dude, where’s my car?
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The Trump DOL just unearthed a bunch of employer-friendly Bush-era Opinion Letters.
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Lawsuit: Google discriminates against male, white, and conservative employees.
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DOL buries its 6-factor internship test 6 feet under
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What might changes to sexual-harassment laws look like?
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I love the smell of Sour Patch Kids and the False Claims Act
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New Jersey just strengthened its ban the box rules
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What do a pizza-delivery driver, a gynecologist, and an employment-law blog have in common?
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The Employer Handbook Best of ’17: What are you sayin’ here, guys?
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Flooded with sexual-harassment complaints, VICE publicly apologizes for its “detrimental ‘boy’s club’ culture”
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Older workers need not apply. Heck, they’re not even seeing many job ads on Facebook, lawsuit alleges.
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Thinking of giving an accused sexual harasser a second chance? Here’s why you may want to reconsider…
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Ask a Manager’s Alison Green is hella-brave!!!
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Have you ever seen the former NLRB Chair and Stone Cold Steve Austin in the same room?
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PODCAST: “Losing My Religion: Title VII and flu shot accommodations” (ft. Brooks and Ivy Meyer)
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Go ahead and pull those old employee handbooks out of the trash!
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Looking to update your policy on sexual harassment? Maybe you’d like to see Facebook’s…
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The NLRB wants your input on quickie union elections. [Translation: bye bye quickie union elections]
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The Supreme Court passes on ruling on LGBT workplace rights … for now
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Surprise! Your company could be liable under Title VII as a joint employer.
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“The Employment Law Year in Review” webinar recap
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Hear ye! Hear ye! 45,000 reasons not to publicize details of an employee’s EEOC charge of discrimination
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But, Eric, shouldn’t we update our anti-harassment policies in 2018 also?
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Three key areas that could make 2018 the year of the employee handbook overhaul
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Grab your company’s job applications and ADA pearls. Now, click this post and clutch tightly.
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Court stymies employer’s try for plaintiff’s social media passwords in sexual harassment case. But, it did get…
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Matt Lauer Matt Lauer Matt Lauer Matt Lauer Matt Lauer Matt Lauer
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On this Belated #GivingTuesday (a/k/a Wednesday), please consider supporting the Homeless Advocacy Project
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ABA Journal inducts The Employer Handbook into its Blawg 100 Hall of Fame
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LGBT bias costs one employer the maximum amount allowed by law
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Ranking the Thanksgiving turkey(s) and sides: The Employer Handbook Top 20
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Want to keep settled sexual harassment claims confidential? It may cost you tax dollars.
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New bill would ban confidential settlements of sexual harassment claims in Pennsylvania
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I’ve got good news and I’ve got bad news
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Updated:
Outside law firm defending company in FMLA claim gets sued for FMLA interference
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VP of HR fired for a Trump tweet still manages to collect unemployment benefits
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JOIN US: “The Employment Law Year in Review,” a free webinar on Thu, Dec 7, 2017 12:00 PM – 1:00 PM EST
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And in other sexual harassment news….EVERYTHING!!!
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Would you require a new C-Suite hire to affirm no history of discrimination at work?
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Take a page out of this employer’s playbook for dealing with FMLA and absenteeism.
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HR lessons from a cyclist fired for flipping off Trump’s motorcade
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A new SHRM-endorsed House bill promotes paid employee leave across the country
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5 more reasons why your workplace anti-harassment training is ineffective
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Could your business withstand a tsunami of individual wage and hour claims?
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The”Mark of the Devil” and the hellish cost to defend employment litigation
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Will a jury ever find out if the EEOC concludes that a defendant-company may have discriminated?
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7 last-minute ways for HR to be the wettest of wet blankets on Halloween
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While not quite Harvey Weinstein claims, the allegations about this workplace will make your head spin.
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When an employee complaining about harassment tells a supervisor, “Let’s keep it between us for now.”
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What happens at the office happy hour may stay in the office.
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The Employee’s claim: race bias. The evidence: noose, epithets, hooded sheet. The winner: Employer.
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If necessary, the ADA allows a company to make an employee see a doctor before returning to work.
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“No more babies” and “Pregnant, bye” are bad talking points for your managers
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Philadelphia Eagles DE Chris Long is donating every game check to charity — HIS ENTIRE 2017 SALARY!!!
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Court politely tells union where to stick its request to reinstate a member accused of sexual harassment.
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A noogie could be retaliation. (I’ll take “What We Were Never Taught In Law School” for $400.)
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Citing Harry Potter, Third Circuit requires employers to pay non-exempt workers for short breaks.
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TMZ claims to have Harvey Weinstein’s employment contact. And, it’s scary as hell!
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Why intent doesn’t matter when a white guy gifts watermelon to his black co-workers. Or does it?
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Local union throws flag on Dallas Cowboys’ owner’s threat to bench players who disrespect the U.S. flag
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Jemele Hill suspended for violating social media rules. No, not even ESPN Talent has free speech rights.
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Updated:
I’m telling you. Bad things happen when the Board Chair plays matchmaker for her son, the CEO.
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Updated:
Jeff Sessions and the DOJ pull the rug out from under transgender workers.
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FREE LIVE EVENT: “Preparing for 2018: What Employers Need to Know”
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Watching porn at work doesn’t necessarily create a hostile work environment for others.
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Updated:
Does the ADA protect an individual who uses prescription drugs to battle addiction to illegal drugs?
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Updated:
The power of diversity, dignity, and respect over discrimination #MondayMotivation
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NFL players take a knee and it seems like the only ones getting fired are firefighters.
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Updated:
Company’s You Show, You Go Policy violates pregnancy discrimination law, says EEOC
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How much leave from work is unreasonable under the ADA? [SPOILER ALERT: Not much]
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Updated:
No, President Trump, NFL owners cannot legally fire players that #TakeTheKnee
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Does the ADA require you to favor minimally-qualified disabled employees over rock-star job applicants?
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Updated:
This military hospital’s social media cluster-you-know-what checks all the wrong boxes
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Updated:
In the Third Circuit, willful FLSA violations are as common as spotting a unicorn sliding down a rainbow into a leprechaun’s pot of gold as pigs fly by.
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Is the EEOC going “wishy-washy” on LGBT rights at work?
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Firefighter suspended for telling Facebook fam that he’d rather save a dog than a million black people.
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3 complaints and an investigation with discipline, how could an employer not know about possible harassment?!?
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“Perverse and absurd,” today’s post isn’t really as fun as it sounds.
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Company forces employee to sign a confidentiality statement or be fired, plays itself.
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Updated:
A recreational marijuana user was blowin’ hella smoke with these FMLA arguments.
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Updated:
This employer is probably kicking itself for not getting a separate general release
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Even the best lawyers make mistakes. Because, about my Ezekiel Elliott predictions…
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Can a man claim pregnancy discrimination? A man, baby!
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Updated:
Hot takes on Ezekiel Elliott from an employment lawyer who plays fantasy football
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Promoting a new business on Facebook could violate a non-competition agreement. Who knew?
:
Updated:
Your company’s generous parental leave benefits could actually trigger a discrimination lawsuit
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Updated:
Hear that? It’s the fat lady singing about the U.S. Department of Labor’s proposed OT rules.
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Updated:
Does the ADA ever require six months of employee leave? Sure does, says the EEOC.
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Updated:
You can safely file the new proposed EEO-1 in File 13
:
Updated:
If you own a restaurant, and pay servers more than minimum wage, can you keep customer tips?
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Updated:
I’ve got two FREE HR-compliance seminars next month to help you address an aging workforce
:
Updated:
A “too cute” employee, her boss’s ex-Playmate wife, and maybe some sex discrimination
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Updated:
Employee free speech on social media? HA! HA! says federal appellate court
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Federal judge to EEOC: Your wellness-program incentive rules are kind’ve a big dumpster fire
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Updated:
Sometimes, a little flexibility — and (gasp) humanity — can avoid a big employment lawsuit
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Updated:
Post-Charlottesville, “Name and Shame,” and how employers can respond legally?
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I’m going to explain at-will employment versus off-the-job free speech
:
Updated:
Yes, you may have discriminated against your employee by denying his lateral-transfer request
:
Updated:
What employers can learn from one company’s $747,320.66 FMLA mistake
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Updated:
Fact or fiction: The FMLA may protect pre-eligible employees
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Updated:
How would you respond if your employee was photographed marching in Charlottesville over the weekend?
:
Updated:
He was hired at 63 and fired at 64. Yep, that could still be age discrimination.
:
Updated:
No take backs! Employer rescinds a termination, but can’t dodge a discrimination claim
:
Updated:
Another court greenlights a medicinal marijuana user’s lawsuit against his former employer
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Updated:
Free speech at work and protected concerted activity are burning up the hot stove this week!
:
Updated:
If you think you’re gonna get sued, protect your documents! Or else bad things may happen.
:
Updated:
Here’s how promoting your company on LinkedIn could cost you your job.
:
Updated:
What in the holy hell might this employer have been thinking? (And how you can do better…)
:
Updated:
All I can think about is that scene from Rounders. You know the one…
:
Updated:
Note to self: Refrain from using bag of tricks in Indiana.
:
Updated:
What would you like to know about the law on employee use of medicinal marijuana?
:
Updated:
Here’s how the federal overtime rules are starting to take shape for your workplace
:
Updated:
You have one job. One job.
:
Updated:
DOJ: Federal law does not protect gay employees from discrimination at work
:
Updated:
A Wisconsin company plans to microchip its employees. Would you do it too?
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Updated:
I was this close to playing Mad Libs with Gov. Christie’s veto of NJ’s Paid Family Leave expansion.
:
Updated:
New Senate bill would take the wind right out of the National Labor Relations Board’s sails
:
Updated:
Hey D-Man! Enjoy every bit of that ice cream birthday pie!
:
Updated:
That time when an employee argued that taking vacation days was “discipline.”
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Updated:
I’ll hang out for a bit while you grab the maximum-leave policy in your employee handbook
:
Updated:
Fact or Fiction: If a tree falls in a forest and no one is around to hear it, does it make a sound?
:
Updated:
Third Circuit: A single slur – just one bad word — can create a hostile work environment.
:
Updated:
Don’t let exceptions to your work rules make the rules become the exception
:
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This’ll teach you not to snoop on your employee’s personal emails…
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Updated:
Want to wear a Phillie Phanatic hat to work for religious reasons? That could get you fired in Minnesota.
:
Updated:
SURVEY: If you could attend just one HR-compliance training, what would it be?
:
Updated:
The stage is now set for the Supreme Court to resolve gay rights at work
:
Updated:
Can a LinkedIn invitation to connect violate an agreement not to solicit?
:
Updated:
A guy walks into a bar … and gets discriminated against because of his sex (allegedly)
:
Updated:
HELP WANTED: CEO, especially one who isn’t a damn knuckledragger!
:
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Sex talk workers should get minimum wage too, say sex talk workers
The Employer Handbook Blog