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The Employer Handbook Blog
Can out-of-state remote workers handpick the most favorable state employment laws for a lawsuit?
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
Unions see red (and businesses may see red soon too) as the Senate rejects Biden’s NLRB chair renomination
In a move that will swing the pendulum from union-to-business friendly faster than some expected, the Senate yesterday narrowly voted against advancing President Joe Biden’s nominee, Lauren McFerran, the current Chairman of the National Labor Relations Board (NLRB), for another term.
Blunt Reality: NJ cannabis users cannot sue over rescinded job offers
Think you can sue your employer for not hiring you because you tested positive for cannabis? Think again. The Third Circuit just made it clear that New Jersey’s recreational marijuana law does not provide job applicants with a private cause of action. Continue reading
How can an individual without an actual disability still have an ADA claim?
It happens when an individual—a job applicant or current employee—is “regarded as having a disability” under the Americans with Disabilities Act.
I’ll give you an example. Continue reading
Can an employee sue for discrimination because of a denied PTO request? (Spoiler alert: yes.)
Last month, a federal appellate court concluded that training delays, a denied vacation request, and a transfer to a different shift that interfered with the plaintiff’s childcare arrangements could all support a discrimination claim—even though the plaintiff never lost his job.
It could be the new normal since the Supreme Court’s decision in Muldrow v. City of St. Louis, Missouri. Continue reading
Join me and my friends on Wednesday, December 11 for HR Festivus. (And it’s free)
At Noon ET, Amy Epstein Gluck, Michael Elkins, and I will present “What the Legal Landscape Looks Like for 2025.” Come hang with us for an hour while we cover key legal updates for 2025. Our friends at HR Learns, who are hosting this event, have pre-approved our sesh for HRCI/SHRM credit, although one of you will have to supply the Festivus Pole.
Did I mention it’s free? The other HR Festivus sessions, which kick off at 11:30 a.m., are also free. You can read the full agenda here. Although I’m not holding out for Jake Paul/Mike Tyson money, watching me compete in the feats of strength will cost you. Ah, who am I kidding? HR would spit out their coffee, and Amy would beat me like Paul did Tyson.
You can register here if you’d like to attend any or all of HR Festivus, the HR holiday you didn’t know you needed.
Think the FTC is done taking on restrictive covenants? Think again!
Yesterday, the Federal Trade Commission announced that it had ordered a building services contractor to stop enforcing a no-hire agreement. The agreement purportedly prohibited building owners and managers from hiring the contractor’s employees.
Three lessons for employers from Lizzo’s employment litigation
Last year, several media outlets reported about a lawsuit that a clothing designer who worked for Lizzo and her touring company had asserted against them and another individual. That lawsuit included several claims under state law for discrimination, retaliation, and assault, among others.
On paper, it didn’t sound good for the defendants. Continue reading
Can companies exit bias lawsuits by arguing that the same person hired and fired the plaintiff?
Suppose your company hires a black man only to fire him less than a year later. If the man claims that his race motivated the termination decisions, would arguing that the same person made both employment decisions create a viable defense? Continue reading