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Updated:
Trial Court: 45-50 “N” words and a noose not race discrimination. Appellate Court: “Bruh…”
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Updated:
He got fired after threatening to complain to HR. Could that be retaliation?
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Updated:
She said the quiet part loud and the loud part, well, not at all.
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Updated:
A day late and an age discrimination claim short
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Updated:
How do you track FMLA when an employee takes leave during the week of Memorial Day?
:
Updated:
The Labor Board’s top attorney wants to void non-competes that violate labor law. Hot take: meh.
:
Updated:
At work, do we have to accommodate employees with religions we’ve never heard of?
:
Updated:
Was she requesting Family and Medical Leave Act leave or pitching a television show?!?
:
Updated:
Is it sexual harassment to IMPLY that certain job benefits will require sexual favors?
:
Updated:
Would you stop emailing and texting? Just pick up the damn phone for once instead!
:
Updated:
Here’s how the feds will enforce pump at work protections for nursing workers
:
Updated:
A new resource from the EEOC could help employers avoid bias claims from using AI
:
Updated:
What to do if you face antisemitism at work
:
Updated:
A Californian got fired for an ALL LIVES MATTER tweet and claimed … RELIGIOUS discrimination?!?
:
Updated:
The public health emergency is over. So why is the EEOC issuing new COVID-19 guidance to employers?
:
Updated:
What happens when everyone in the same position is over 60 and gets fired?
:
Updated:
Slight and annoyances at work generally aren’t tantamount to discrimination and retaliation
:
Updated:
Bad EEOC position statements can come back to haunt you. Just ask this employer.
:
Updated:
EEOC: HR Manager used code words and other directives to staffing agencies to discriminate.
:
Updated:
There’s a new FMLA Poster
:
Updated:
Don’t let subjectivity, stereotypes, or statistics create age bias issues for your next RIF
:
Updated:
Rarely, futility and fear of retaliation excuse an employee from complaining about harassment. Here’s one.
:
Updated:
Can a Jew discriminate against other Jews at work because they are Jewish?
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Updated:
New federal legislation will end mandatory arbitration of race discrimination claims
:
Updated:
“I told you that I’ve never been disabled,” said the man who sued for disability discrimination.
:
Updated:
When an employer points out actual performance problems, it’s probably not a pretext for discrimination
:
Updated:
Four federal agencies are prepared to throw cold water (and lawsuits) at employers who abuse artificial intelligence
:
Updated:
Take it from the feds (literally!). Here are 12 EEOC-recommended ways to LEVEL-UP your company’s anti-harassment efforts.
:
Updated:
When employees claim that your company failed to pay their overtime, you win if your company does this.
:
Updated:
If the same person sexually harasses a man and a woman, does that cancel each other out?
:
Updated:
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
:
Updated:
Wait, what? Court says ‘good fit’ isn’t necessarily code for discrimination or retaliation.
:
Updated:
Choose your words carefully when using noncompetition agreements
:
Updated:
I’m naturally skeptical when an employee claims sexual orientation bias against straight people.
:
Updated:
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)
:
Updated:
Can employers require employees to make up time they miss for FMLA leave?
:
Updated:
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?)
:
Updated:
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
:
Updated:
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?
:
Updated:
You may have an overly-broad UNENFORCEABLE restrictive covenant NOT TO COMPETE if…
:
Updated:
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?
:
Updated:
You can’t be retaliated against for NOT reporting sexual harassment. The more you know.
:
Updated:
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?
:
Updated:
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.”
:
Updated:
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
:
Updated:
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
:
Updated:
They wanted to hire “Ken and Barbie.” What they got was a discrimination lawsuit instead.
:
Updated:
Just because a manager is a crude jerk doesn’t mean he broke the law too
:
Updated:
Can a company fire someone whom it believes will join a pending wage and hour class action against it?
:
Updated:
Unions: Fad or Trend? Join Jon Hyman and me on Zoom on October 14, 2022 at Noon ET. It’s FREE!
:
Updated:
Can an alleged harasser sue a workplace investigator for defamation if the report says not-so-nice stuff?
:
Updated:
We’re back! Today, at Noon ET, it’s The Employer Handbook Zoom Happy Hour: “Offboarding the C-Suite.”
:
Updated:
The lawyers, man, sometimes they screw everything up.
:
Updated:
Do attorneys who use cannabis legally nonetheless risk violating the Rules of Professional Ethics?
:
Updated:
Need a way to neutralize a supervisor’s potentially biased employment decision? I’ll give you two.
:
Updated:
The guy who may have solicited prostitutes at work could win his retaliation lawsuit too
:
Updated:
Here’s how your company can basically GUARANTEE getting sued and going to trial
:
Updated:
‘Central Park Karen’ believes its racist to call someone racist. A federal judge disagreed and dismissed her lawsuit.
:
Updated:
The Department of Labor is not messing around with employers messing with employee tips!
:
Updated:
The Employer Handbook Friday Zoom Happy Hour Returns on September 30, 2022 at Noon ET
:
Updated:
Is a request to transfer away from a supervisor antagonist a reasonable accommodation?
:
Updated:
Could an anonymous complaint about COVID-19 spawn a sex-based retaliation claim?
:
Updated:
If a cyber-attack at work creates imminent risk of identity theft or fraud, your employees can sue you!
:
Updated:
How did a plaintiff with no lawyer convince a federal appellate court that he had a viable FMLA claim?
:
Updated:
New Jersey finally offers clear guidance on cannabis testing to local employers. And by “clear,” I mean “hazy.”
:
Updated:
If you’re new to HR, check out this new EEOC pregnancy and pregnancy-related disability discrimination resource
:
Updated:
The customer isn’t always right — especially when they are OUTRIGHT RACIST!!!
:
Updated:
The joint-employer rules are changing again at the National Labor Relations Board
:
Updated:
If hiring managers say they are looking for “new blood,” are they guilty of age discrimination?
:
Updated:
Warning: This post will be like nerd porn for statutory construction geeks. The rest of you may glaze over.
:
Updated:
Four wage-and-hour mistakes cost a company well over $100K. Here’s how you can avoid them.
:
Updated:
Here’s what happens when your managers don’t follow your written call-out policies
:
Updated:
Crikey! Can an employee bring an emotional support alligator to work? 🐊
:
Updated:
This may become the biggest employment law decision of 2023
:
Updated:
The plaintiff won her FMLA case. The court awarded her no money. The lawyers, however…
:
Updated:
The first federal appellate court has recognized gender dysphoria as an ADA disability
:
Updated:
Are remote workers eligible to take FMLA leave?
:
Updated:
How long do your employees have to sue you for discrimination?
:
Updated:
The CDC’s latest COVID-19 guidance treats unvaccinated and vaccinated individuals the same
:
Updated:
Hey, they never said we couldn’t post TikToks transporting the dead bodies
:
Updated:
In 2015, she sued for LGBT discrimination. One landmark SCOTUS decision later, she still lost.
:
Updated:
New Jersey poster lamination companies are now cursing under their breath
:
Updated:
Boy, that escalated quickly. I mean, that really got out of hand fast.
:
Updated:
I’ve got free educational resources for new mothers in the workplace (and their employers)
:
Updated:
Hostile work environment claims are often like trees falling in the forest
:
Updated:
This HR service provider “walked the walk” and defeated claims of age discrimination
:
Updated:
Did disability bias motivate HR to fire an employee for sleepwalking into a colleague’s hotel bed?
:
Updated:
CORRECTION: A healthcare employer agreed to pay over $10M to settle claims about a COVID shot mandate
:
Updated:
How to fire an employee right after his FMLA expires . . . and win the retaliation lawsuit.
:
Updated:
After the feds caught this employer red-handed not paying OT, the employer did the UNTHINKABLE!
:
Updated:
How would terms limits on the Supreme Court justices impact employment law?
:
Updated:
The anatomy of an FMLA interference claim
:
Updated:
By the time she made it to court, her discrimination and retaliation claims were D.O.A.
:
Updated:
A “relentless and ruthless” campaign of 1,000 age-based insults might force an older employee to resign
:
Updated:
Remember this recent decision when one employee sues you for unpaid overtime
:
Updated:
My source told me that a federal court has blocked the EEOC’s recent LGBT guidance
:
Updated:
A worker claimed religious bias over abortion rights. On Thursday, a jury awarded her over $5M!!!
:
Updated:
EEOC: Slow your roll before administering COVID-19 tests at work
:
Updated:
Does Title VII allow a current employer to retaliate against HR for testifying against a former employer?
:
Updated:
Hold up! Is there an “HR manager” exception that allows employers to retaliate against HR?
:
Updated:
One use of the n-word can create a hostile work environment. The OTHER n-word.
:
Updated:
An end to certain sexual harassment NDAs? Check out this new bipartisan federal bill.
:
Updated:
COVID-19 variants are rising but, whatever you do, don’t collect THIS INFO from employees.
:
Updated:
Hostility at work is not necessarily a “hostile work environment.”
:
Updated:
Hey, management-side employment lawyers! Bookmark this post now and thank me later.
:
Updated:
The ADA cheat sheet for accommodating disabilities of seasonal employees and interns
:
Updated:
You know what today is, right? It’s Bobby Bonilla Day! ⚾💰⚾💰
:
Updated:
Following this week’s Supreme Court ruling, can private companies mandate prayer sessions at work?
:
Updated:
Is it legal to fire someone for getting an abortion?
:
Updated:
Does FMLA cover leave for abortion? What about in states where it’s illegal?
:
Updated:
What should we say to our employees about Roe v. Wade?
:
Updated:
Here’s another reason why enforcing a non-compete can be so darn expensive
:
Updated:
Here’s what you can’t do if you suspect that a former employee has misappropriated trade secrets
:
Updated:
Could your business require medical exams for all workers returning from extended leave?
:
Updated:
Sexual harassment? No, I was just asking for a co-worker’s opinion about my butt lesions.
:
Updated:
Gas attendant loses his job over a decimal point error; tries to repay the station.
:
Updated:
A federal appellate court made it difficult to blame ’20-’21 large layoffs on COVID-19
:
Updated:
What would make an HR expert allegedly compare this company’s workplace culture to a “sewer”?
:
Updated:
Yes, it’s still ok in NJ to have a non-disparagement provision when settling discrimination claims.
:
Updated:
Is sexual harassment of a victim behind her back against the law?
:
Updated:
Judge, my employer is so biased. They keep promoting me. 😲
:
Updated:
Taxation without representation (and a new workplace marijuana law possibly coming soon).
:
Updated:
The law doesn’t require a perfect response to harassment complaints. It just needs to be good enough.
:
Updated:
The place where male and female employees “routinely called each other by names describing a person with a large posterior.”
:
Updated:
Here’s when you may have to accommodate an employee’s use of CBD
:
Updated:
Short of denying leave, an employer can still violate the FMLA just by discouraging someone from taking it
:
Updated:
Employers are singing the praises for the EEOC’s online mediation program
:
Updated:
The FMLA does not require clairvoyance
:
Updated:
Is lower co-worker morale reason enough to deny a religious accommodation?
:
Updated:
The DOL not only provides guidance on the FMLA, but it also enforces the law.
:
Updated:
Five ways that employers botch FMLA for mental health conditions (and how to get it right instead)
:
Updated:
Lawyers and HR professionals weigh in on Josh Donaldson’s ‘Jackie’ comment. So does Major League Baseball.
:
Updated:
Supreme Court makes it harder for employers who litigate arbitrable claims to change their minds
:
Updated:
What should Major League Baseball do about a white baseball player calling a black player ‘Jackie’ [Robinson]?
:
Updated:
California Employers, Are You Prepared For Upcoming Data Privacy Changes?
:
Updated:
New Jersey is back doing New Jersey things, like trying to kill restrictive covenants
:
Updated:
New legislation in the House and Senate will make wage and hour violations WAY MORE expensive for employers (and criminal too)
:
Updated:
Is calling a man “bald” considered harassment based on sex?
:
Updated:
If your hiring software does this, the EEOC says its age discrimination
:
Updated:
These free resources can help you avoid disability discrimination claims when hiring using artificial intelligence
:
Updated:
Man missed deadline to file disability discrimination lawsuit by about 40 years. FORTY!!!
:
Updated:
Jury awards $2,036,860,045 for misappropriation of trade secrets. Yes, over $2 billion!
:
Updated:
PODCAST: On this episode of Working Class, how to deal with employee whistleblowers
:
Updated:
Did a middle school break the law because it allegedly fired a teacher for discussing her pansexuality in class?
:
Updated:
How in vogue has forming a union become? A group of LA strippers is trying to do it too.
:
Updated:
I’ve got your VIP passes to hear the Department of Labor discuss possible OT changes tonight
:
Updated:
Healthcare CEO gets fired after viral TikTok video altercation with a boy in a red dress, sues Kathy Griffin.
:
Updated:
Supreme Court to decide if a supervisor making $200K+ per year should get overtime too
:
Updated:
Two gifts for employers from the U.S. Equal Employment Opportunity Commission
:
Updated:
Company pays EEOC $79,000 rather than provide a pair of gloves to an employee with a skin rash
:
Updated:
Can an employee legally be fired for using over-the-counter CBD products?
:
Updated:
The case of the $250,000 thumb drive porno and hacking (allegedly)
:
Updated:
When do N-words and sex jokes NOT create a hostile work environment?
:
Updated:
Two different termination letters lead to one discrimination lawsuit and zero luck for the plaintiff
:
Updated:
New Zamboni turns in Old Zamboni driver for peeing in a drain. Old Zamboni driver gets fired and sues for discrimination.
:
Updated:
Jerk customers can create hostile work environments for your workers too
:
Updated:
Five days after the CDC reaffirmed its mask order for air travel, a federal judge nixed it nationwide
:
Updated:
176,193 reasons to be careful when trying to limit employee overtime
:
Updated:
Yes, a man can have an (un)equal pay claim too. So how can a company defend itself?
:
Updated:
Why did this company seemingly offer FMLA leave to an employee it planned to fire?
:
Updated:
2021 EEO-1 Component 1 data collection is now open
:
Updated:
It’s the return of the mack, err, masks.
:
Updated:
No, this sign that your boss posted in the breakroom is NOT legal.
:
Updated:
Attempts to form labor unions are skyrocketing, and the Labor Board’s top lawyer wants to facilitate
:
Updated:
Even LAW FIRMS commit SIX-FIGURE wage and hour violations, apparently.
:
Updated:
How can unionized companies accommodate employees with religious beliefs without violating a CBA?
:
Updated:
Join me for a new limited-run podcast called “Working Class”
:
Updated:
This manager’s April Fool’s Day prank backfired MONUMENTALLY!
:
Updated:
While the EEOC facilitates bias claims for non-binary employees, here are seven ways to support them at work.
:
Updated:
195,000 reasons to remember that state family leave laws don’t always track the FMLA
:
Updated:
Save yourself a call to your employment lawyer with this easy COVID-19 tool
:
Updated:
Five reasons why EEOC mediation may be right for your business
:
Updated:
The Employee Rights of Act of 2022 has a nice ring to it. The problem is…
:
Updated:
This new bill would allow an employee to skip work “because the employee feels unsafe.”
:
Updated:
That bartender who claims she was fired for COVID-19 weight gain while quarantining may have a solid FLSA claim!
:
Updated:
A worker who claims she was fired for COVID-19 weight gain while quarantining is suing for . . . sex discrimination?!?
:
Updated:
Unlawful retaliation can take many forms. But, have you ever seen these?!?
:
Updated:
A bill to end hair discrimination takes another step towards becoming federal law.
:
Updated:
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
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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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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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Insurance carriers will soon have to pay for COVID-19 at-home tests — up to 8 per person per month.
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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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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
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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.
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OSHA updated its COVID-19 Vaccination and Testing ETS Frequently Asked Questions.
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The Supreme Court will not rule on OSHA’s vax-or-test mandate until after it takes effect on Jan. 4
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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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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.
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One of the Sixth Circuit judges couldn’t resist sharing his two cents on OSHA’s vax-or-test mandate
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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?
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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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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
The Employer Handbook Blog