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The Employer Handbook Blog
Did you know that even temporary impairments like a back injury can qualify as disabilities?
Back in the day, it could be difficult for a plaintiff claiming disability discrimination even to prove that they had a disability. Continue reading
It turns out that an employee planning her “exit strategy” with her attorney wasn’t constructively discharged from her job.
I’ll go ahead and file this one under: “Ya think?”
But perhaps I’m getting out over my skis. So, let’s see what you think. Continue reading
Share this post with someone who (mis)uses the term “salary exempt.”
Because I’m here to remind you (and tell them) that “salary exempt” generally means nothing unless the employee performs certain duties. Continue reading
A self-proclaimed “dirty old man” did not create hostile work environment. Not even in California.
An employee claiming that she endured sexual harassment must present evidence of “severe or pervasive” conduct based on her sex that was bad enough to interfere with her working conditions or create an intimidating workplace.
When a plaintiff initially presents these claims in court an initial filing, she does not have to detail every sordid fact and incident. Indeed, a short, plain statement of the facts — enough to place the defendant on notice of the claims against it will suffice.
At the same time, those initial claims of sexual harassment must be plausible — even in California, the most employee-friendly state in the country.
Can an employer force an employee to arbitrate ***checks notes*** a charge of discrimination?
Nothing ventured, nothing gained. Continue reading
Here’s something you may not know about hostile work environment claims
Let’s start with what you probably know already — especially if you are an employment lawyer. Continue reading
Why, oh WHY, did a court determine that ASTHMA IS NOT A DISABILITY?!?
To answer that question, I’ll first introduce you to “Jane.” Continue reading
A federal appellate court struck the DOL’s “arbitrary and capricious” tip credit rule for tipped employees
While monkeying around over the past week or so, I took a break from writing. By now, most of you have heard last week’s news about a Texas federal judge setting aside the FTC’s Noncompete Rule. But on Friday, the Fifth Circuit followed up with a decision vacating a U.S. Department of Labor final rule limiting the time tipped employees can spend in non-tipped activities when the employer receives a tip credit.