Yesterday, a federal appellate court issued a precedential opinion clarifying when employers must pay employees and provide certain benefits while they take short-term military leave under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”).

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The U.S. Equal Employment Opportunity Commission recently issued two press releases: one announcing a disability discrimination lawsuit and another about a recent settlement of age and disability discrimination claims. Both involve supervisors who allegedly thought they knew more than medical professionals.

They were wrong. Continue reading


The New Jersey Supreme Court has weighed in not once but twice this month on important employment law issues. So, if you operate a business in the Garden State, I’ll bring you up to speed on that, plus some new pending legislation.

(For the rest of you, have a nice weekend, and maybe add some pork roll or Taylor Ham to your breakfast sandwich.) Continue reading


Earlier this week, the U.S. Chamber of Commerce told a Texas federal judge to block the Federal Trade Commission’s final Noncompete Rule, which would impose a comprehensive ban on new noncompetes with all workers, including senior executives. Here is a link to the 40-page brief.

But I’ll break it down for you in about 400 words. Continue reading


Yesterday, the U.S. Senate Judiciary Committee announced that it had advanced the Protecting Older Americans Act, which would invalidate forced arbitration clauses requiring employees to arbitrate age discrimination claims, whether for disparate treatment, disparate impact, harassment, or retaliation.

15 Senators voted in favor and 6 against.
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noun-breaking-the-glass-ceiling-759231-1024x1024Occasionally, I post about MONSTER discrimination jury verdicts, some in the seven and eight figures. I do it for shock value and, often, the clicks. (Guilty as charged.)

But posts about the subsequent remittitur, where a federal judge slashes the compensatory or punitive damages award to $300,000 or less, don’t get nearly as many clicks. Continue reading

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