When employees stretch their FMLA leave beyond what’s certified, courts look closely at how employers respond. A recent case shows how solid documentation and a clear-eyed review of the facts can support a defensible termination.
If The Dude from The Big Lebowski applied for a job today—with a medical marijuana card in hand and nothing but good vibes—what legal rights would he actually have? A recent federal court decision from Pennsylvania offers a reality check for employers navigating job offers, drug tests, and lawful cannabis use. Continue reading
About a year ago, a federal judge greenlit the lawsuit of a former university professor who alleged that his employer created a racially hostile work environment through various discussions and initiatives focused on antiracism and racial justice. Continue reading
I just had to write about a federal court decision from earlier in 2024 that I finally got around to reading. It serves as a critical reminder for employers: All complaints about a hostile work environment must be taken seriously—even when they involve a comedian hired to entertain at a company event. Continue reading
In the evolving landscape of remote work, many employees believe they are shielded by the laws of the state they reside in. However, a recent decision from the United States District Court for the District of New Jersey — of all places !!! — reveals a harsh reality: working remotely from another state does not necessarily entitle employees to the protections of that state’s laws. This case serves as a critical reminder of the complexities surrounding jurisdiction in employment law. Continue reading
I’ll go ahead and file this one under “duh.” Continue reading
Suppose an employee, an adherent of a religion you’ve never heard of, requests time off from work on certain religious observance days.
In a precedential decision issued on Friday, the Third Circuit Court of Appeals declined to reinstate a plaintiff’s trial court victory for FMLA interference, concluding that when he requested leave for migraine headaches, he did not yet have a serious health condition.
The Federal Trade Commission, the architects of the sweeping noncompete ban that a federal judge in Texas set aside last month, told a federal judge in Pennsylvania yesterday that an appeal of the Texas decision “would likely take months to fully brief and could take a year or longer until a final decision.” Continue reading
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