So when the plaintiff in this federal court decision I read last night cited as evidence of her employer’s heterosexual animus that her gay coworker received a cake and party by gay supervisors on his 30th work anniversary, whereas she did not receive cake or party for the same occasion, my Spidey senses were really tingling. Continue reading
On April 10, 2023, Sixth Circuit Court of Appeals Judge Amul R. Thapar offered his two cents on the role the federal courts should have in second-guessing the business judgment of companies making hiring decisions: Continue reading
You’ll find an important update if you head over to the official Layoffs and Closings website for New Jersey’s Department of Labor & Workforce Development. Continue reading
Last month, I told about a National Labor Relations Board decision to ban certain nondisparagement and confidentiality provisions in a severance agreement that businesses give to rank-and-file employees (i.e., non-supervisors) in both union and non-union workplaces.
But there remained some open questions. For example, does the decision apply retroactively to old agreements? What if the employee requests mutual confidentiality language or nondisparagement provisions? What other typical severance agreement provisions are at risk?
Yesterday, we got answers from the Board’s top lawyer. (You may want to sit down and grab a whiskey bottle stress ball.) Continue reading
The answer to that question (wait for it) — it depends on the state. Continue reading
A client embroiled in an employment dispute with a former employee once asked me if we could force the employee into arbitration. So, I asked the client for a copy of the arbitration agreement that the individual had signed.
After an uncomfortably long pause, I went back to drafting the complaint to be filed in court. Continue reading
On February 21, the National Labor Relations Board decided (here) that nondisparagement and confidentiality provisions in a severance agreement that businesses give to employees are unlawful. Continue reading
Yesterday was the funeral for Tyre Nichols, a 29-year-old Black man. Last month, Memphis police pulled over Mr. Nichols for allegedly reckless driving. But body camera footage captured five police officers beating Mr. Nichols following the stop. He later died. The five officers were charged with murder, and protests took place across the country. Continue reading
It’s 2023.
When are employees going to learn that while the First Amendment does guarantee freedom of speech, there is no constitutional right to a job, and employers don’t have to tolerate employee hate speech?
Continue reading
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