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The Employer Handbook BlogCould an anonymous complaint about COVID-19 spawn a sex-based retaliation claim?
Winning a retaliation lawsuit against an employer isn’t easy. Continue reading
If a cyber-attack at work creates imminent risk of identity theft or fraud, your employees can sue you!
Think of all the personal, sensitive information that an individual shares with you just to have the opportunity to earn a living as an employee of your company. Continue reading
How did a plaintiff with no lawyer convince a federal appellate court that he had a viable FMLA claim?
The surprise will quickly disappear once I share the facts from this recent Third Circuit decision. Continue reading
New Jersey finally offers clear guidance on cannabis testing to local employers. And by “clear,” I mean “hazy.”
Like saying, “It depends,” you can count on a lawyer blogging about cannabis and employment law to drop a marijuana pun in the title of the post. Continue reading
If you’re new to HR, check out this new EEOC pregnancy and pregnancy-related disability discrimination resource
Credit: Office of Commissioner Andrea R. Lucas
Late last week, as I enjoyed the FisherBroyles partner retreat (responsibly-ish) in Nashville, the U.S. Equal Employment Opportunity Commission released a new resource on pregnancy discrimination.
Spoiler alert: The Dallas Cowboys won’t make the playoffs this season resource doesn’t contain any game-changing new information about pregnancy and pregnancy-related disability discrimination. However, as the title of this post indicates, the EEOC has provided an excellent primer for less experienced HR professionals and those who could use a little refresher on the basics. Continue reading
The customer isn’t always right — especially when they are OUTRIGHT RACIST!!!
Jerk employees are responsible for creating most of the hostile work environment claims I get hired to defend.
The joint-employer rules are changing again at the National Labor Relations Board
Selfishly, a professional perk of a changing White House administration is the business that follows from counseling clients on the new rules when administrative agencies change their rules. For example, as a holdover from the Trump Administration, the Republican majority at the National Labor Relations Board implemented a new joint-employer rule. Continue reading
If hiring managers say they are looking for “new blood,” are they guilty of age discrimination?
An HR employee claimed that her age motivated her employer’s decision not to select her for a Human Resources Talent Consultant (HRTC) position after the company restructured the HR Department.
Why? Because decision-makers allegedly said on a conference call that they were looking for “fresh new blood” to fill the HRTC role.
Is that code for age discrimination?
Warning: This post will be like nerd porn for statutory construction geeks. The rest of you may glaze over.
I read a recent Sixth Circuit decision. A physician group fired the plaintiff, a nurse, months after she suffered an accident. The group’s subsequent bankruptcy impeded the plaintiff’s efforts to hold it liable for employment discrimination under the Americans with Disabilities Act of 1990 (ADA).
Did that stop her from suing for ADA violations? Obviously not, or I wouldn’t be blogging today. Continue reading
Four wage-and-hour mistakes cost a company well over $100K. Here’s how you can avoid them.
Earlier this month, the U.S. Department of Labor announced that an investigation into a Japanese restaurant had uncovered violations of federal wage and hour laws, resulting in 75 servers, sushi, and hibachi chefs not receiving all of their legally earned wages.
The final bill was $171,834.
That’s a lot of toro and high-end sake. Continue reading