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The Employer Handbook BlogThe DOL is hiring 100 more investigators to audit company pay practices. Lucky you!
ICYMI, the days of a more business-friendly U.S. Department of Labor are long gone.
And it’s only going to become more adversarial. Continue reading
NY Giants release statement to rebut Brian Flores’s “disturbing and simply false” allegations of race discrimination
Opertinicy at en.wikipedia, Public domain, via Wikimedia Commons
Yesterday, in this video about the Brian Flores race discrimination lawsuit against the National Football League, Miami Dolphins, Denver Broncos, and New York Giants, my partner and I talked about whether the complaint pled enough facts to withstand a motion to dismiss.
Of the race discrimination claims against the three football teams, we concluded that the one against the NY Giants seemed the strongest (relatively). Last night, the NY Giants responded — to Mr. Flores, not my partner and me — with a statement explaining why they believe that Mr. Flores’s claims against the team have no merit.
Let’s take a look.
VIDEO: Can Brian Flores’s lawsuit against the NFL and three teams survive? Two employment lawyers weigh in.
Tennessee Titans, CC BY-SA 4.0, via Wikimedia Commons
On February 1, 2022, the first day of Black History Month, Brian Flores filed a bombshell class-action lawsuit in federal court. Continue reading
Is this the worst batch of retaliatory emails I’ve ever read? Maybe.
Print this post if you want to discourage your managers and supervisor from putting dumb sh*t in emails that might one day get shown to a jury and end up costing your business a mint. Continue reading
Here are 150,000 reasons not to play doctor when your employee tells you that she may have cancer.
In 2020, the U.S. Equal Employment Opportunity Commission sued two employers for terminating a title clerk working at their automobile dealership allegedly over fears that she might have cancer. Continue reading
RUMOR: The feds are discussing more COVID-19 paid leave for private employers
I really wanted to blog about the policemen who got fired for catching Pokémon rather than criminals. But, sigh, I’ll save that for a future blog post. Continue reading
“Liberal” Supreme Court Justice Stephen Breyer is retiring. Here are three times he joined “conservative” justices when deciding employment law cases.
Yesterday, several news outlets reported that Supreme Court Justice Stephen Breyer will retire at the end of this term. President Bill Clinton appointed Justice Breyer in 1994. Justice Breyer sided with OSHA and HHS in the vaccine mandate cases earlier this month. Indeed, Breyer is considered one of the more “liberal” justices.
But did you know that some (or all) of the “conservative” justices joined in significant employment law decisions that Justice Breyer authored? Continue reading
OSHA: The ETS is dead as a temporary standard. Long live the ETS as a proposed rule!
The U.S. Department of Labor’s Occupational Safety and Health Administration announced yesterday that it has decided to withdraw the vaccination and testing emergency temporary standard issued on Nov. 5, 2021, covering large employers with 100 or more employees. The withdrawal is effective today.
But check the fine print. Continue reading
The Mysterious Case of the Disappearing U.S. Department of Labor Wage and Hour Division Fact Sheet No. 84
I’m going to share with you the Mysterious Case of the Disappearing U.S. Department of Labor Wage and Hour Division Fact Sheet No. 84.