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There is a sure-fire way to avoid the uncertainty of when and how the Supreme Court may — legal jargon in 3…2…1… — adjudicate LGBT rights under Title VII of the Civil Rights Act of 1964.

And that’s to pass a law making LGBT discrimination at work unlawful.

Speaking of which… Continue reading

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Friday was International Women’s Day. It was also the day that 28 members of the United States women’s soccer team filed this lawsuit against the U.S. Soccer Federation (USSF) in federal court alleging violations of the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. Why? Because the women get paid less than U.S. Men’s National Soccer Team.

But, can the plaintiffs prevail? Continue reading

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Before all the Facebook creepiness, pukey-poopy emojis, and gushing over my awesome law firm, I foreshadowed some changes from the U.S. Department of Labor to the Fair Labor Standards Act overtime rules.

Yesterday, the DOL put a ring on it and made it official. Continue reading

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Eric, congratulations on the new gig with Fisher — it’s FisherBroyles, right?” they said with scrunched, skeptical faces that didn’t quite match their words of encouragement.

I got a lot of that when, after 12 years at a large, traditional law firm, I catapulted to the first and largest full-service cloud-based law firm in the world.  

‘Catapulted’ is intentional. Sure, you can soar to new heights. But, the ultimate impact can be hard and messy.

So, how has the first year of practice been at FisherBroyles? Continue reading

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Remember that f**king fire drill?

Back in 2016, the United States Department of Labor proposed a rule that would have made millions of workers eligible to earn overtime for the first time by raising the salary-level that exempts certain individuals from overtime eligibility under the Fair Labor Standards Act.

And employers panicked. Many businesses converted salaried employees to hourly. Others got raises. Some received both. It was a mess. The only happy people were the employment lawyers.

But, then a federal judge in Texas entered a nationwide injunction against the proposed DOL rule, and everything went away, except those raises and pay changes that you could exactly stuff back into the tube of toothpaste.

Welcome to Round Two

Continue reading

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In most states, non-competition agreements between an employer and employee are legal, as long as there is some form of consideration (like money) to support them.

But, what about a no-hire or no-poach agreement; e.g., a ‘contract’ between two businesses where one (or both) agrees not to hire the others’ employees during their business relationship and for some time after it ends?

That must be legal too, right?

Probably not. Continue reading

“Doing What’s Right – Not Just What’s Legal”