Few immigration programs spark as much debate as the H-1B, and now it is back in the spotlight. The Trump administration’s latest move has the potential to reshape how employers recruit and retain technical talent, with ripple effects across workforce planning. Continue reading
Employers who use credit reports in hiring may soon hear renewed calls to stop, but likely not because of new federal law. Continue reading
A longtime CFO thought his company’s succession plan was rigged against him in favor of a female candidate for CEO. He sued, claiming sex discrimination and retaliation. Thanks to recent Supreme Court guidance, men bringing reverse discrimination claims no longer face extra procedural hurdles. That makes these cases easier to start. But as this Sixth Circuit opinion shows, they are still hard to finish without evidence that sex was the real reason for the decision. Continue reading
Sometimes it is not the reduction in force itself that creates risk, but the combination of what is said and how the data is applied. In this case, six words from a supervisor, “a potential strain on the department,” together with disputed productivity metrics and the treatment of a pregnant employee returning from FMLA leave, convinced the Sixth Circuit that a jury should decide. Continue reading
Retaliation cases often turn on timing, but this one shows that even years after the fact, employers can still be on the hook. Add in a secretly recorded “smoking gun” conversation, and you have a recipe for a costly settlement.
TL;DR: The EEOC announced a $350,000 settlement with two Arkansas healthcare entities accused of firing a physician assistant in retaliation for her role in a sexual harassment investigation. The case shows that retaliation protections apply to anyone who participates in such investigations, that liability can extend even years after the protected activity, and that recordings of workplace conversations can be decisive.
It started with a sick day, a spreadsheet literally called “My Passwords.xlsx,” and a colleague trying to help. It ended with a company accusing two former employees of federal computer crimes and trade secret theft.
The Third Circuit’s response? Nice try — but workplace policy violations aren’t hacking. Continue reading
The FTC just made clear that while the nationwide noncompete ban is dead, the agency is not backing down. Employers, particularly in healthcare, are officially on notice. Continue reading
When employees clock in, they expect to do their jobs, not sit through political speeches, anti-union campaigns, or religious lectures from their boss. New Jersey just turned that expectation into a legal right. Continue reading
Before we get to the law, let’s admit it: anytime a case involves a supervisor leaning in to whisper in someone’s ear, you can almost hear George Michael’s sax riff in the background. But as this recent federal court decision shows, not every whisper, awkward or otherwise, creates a viable harassment or retaliation claim. Continue reading
It promised freedom, delivered litigation, and left us with… state law. Continue reading
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