Some employers think they’ve found a silver bullet: delegate the tough call to someone else and—boom—problem solved, liability dodged. But as the Ninth Circuit recently reminded us, an “independent” reviewer isn’t a shield if they’re just channeling someone else’s bias. Continue reading
Employees might think pressing record is harmless—especially when trying to document what’s said in a heated meeting. But one Director of Social Services found out the hard way that secret recordings—even legal ones—can land employees on the unemployment line. Continue reading
Turns out a medical marijuana card can’t cure everything—especially if what you’ve got is a bad case of ADA expectations. Here’s a lesson in what happens when federal law refuses to roll with the times. Continue reading
A major legal battle is unfolding over whether President Trump had the power to fire two Senate-confirmed officials from independent federal agencies. One is Jocelyn Samuels, formerly of the EEOC. The other is Gwynne Wilcox, who had just started a second term on the NLRB. Their cases are raising serious questions about how much control a president can exercise over agencies that are supposed to be independent. Continue reading
When employees stretch their FMLA leave beyond what’s certified, courts look closely at how employers respond. A recent case shows how solid documentation and a clear-eyed review of the facts can support a defensible termination.
First, she’s out. Then, she’s back in. Then out again. Then reinstated. This isn’t just a legal battle—it’s giving daytime drama. Continue reading
If your company has a Diversity, Equity, and Inclusion (DEI) initiative — or you’re thinking about starting one — you’ve likely been paying attention to the legal noise surrounding these programs lately. Continue reading
If you’re feeling confused or cautious about your company’s diversity, equity, and inclusion (DEI) programs, you’re not alone — and a group of former EEOC officials says that may be by design. Continue reading
A recent decision from the Third Circuit shows how courts are looking closely—not just at what arbitration agreements say, but also at how they’re rolled out. And even if a dispute doesn’t qualify for the new federal carveout for sexual harassment claims, employers still need to be ready to prove their agreements are enforceable. Continue reading
Last week, a federal court put the brakes on two executive orders aimed at ending federal support for Diversity, Equity, and Inclusion (DEI) programs. Citing First Amendment concerns, the court issued a temporary injunction against the U.S. Department of Labor’s enforcement of key provisions affecting DEI-related speech and activity.
Here’s what happened—and why it matters for employers and HR professionals working with federal grants. Continue reading
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