When a White Jewish university employee claimed discipline for racially charged remarks amounted to discrimination, the court disagreed. It called the case something else entirely, and in doing so, it drew an important boundary for every employer. Continue reading
If you’ve ever wondered why the same few employees keep you up at night, Todd Stanton has the answer — and it might just change the way you manage your workplace. Continue reading
When your employees do not work a standard 9-to-5 schedule, calculating their Family and Medical Leave Act (FMLA) entitlement can get tricky. A new opinion letter from the U.S. Department of Labor clarifies how to handle it, especially when mandatory overtime and optional extra shifts are part of the mix. Continue reading
Ever wonder whether two connected businesses, like a restaurant and private club sharing a kitchen and managers, can dodge overtime by claiming they’re separate companies? The U.S. Department of Labor just answered that question loud and clear. Continue reading
If you’ve been clam-oring for clarity on whether front-of-house oyster shuckers can share in the tip pool, the U.S. Department of Labor just served up a pearl of wisdom. Continue reading
A recent Eleventh Circuit decision is a good reminder that repeated remarks from leadership about wanting “younger” workers can become powerful evidence of discrimination. Even when an employer points to other reasons for its decisions, a jury may not buy them if the paper trail does not line up. Continue reading
In 2022, Congress passed a law that makes it harder for employers to require arbitration in certain workplace cases. Some employees are now trying to use that law to keep sex discrimination lawsuits in court. A recent case in Connecticut shows the limits of that strategy: not every sex discrimination claim counts as sexual harassment, and only sexual harassment (or sexual assault) cases are exempt from arbitration. Continue reading
What happens when mandatory workplace trainings designed to address bias and promote equity go too far? According to the Second Circuit, employers may find themselves defending against hostile work environment claims. Continue reading
Sometimes, what an employee says about their own abilities can be the employer’s best defense. Continue reading
Most HR professionals and lawyers know the Age Discrimination in Employment Act (ADEA) bars refusing to hire someone because of age. But what about hiring policies that look neutral on their face, like experience caps or “recent graduate” preferences, that end up screening out older candidates? Courts have not agreed on whether the ADEA lets applicants challenge those practices. Congress is now stepping in with a bill to make the answer clear. Continue reading
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