And that’s just the tip of the iceberg in this blistering (albeit, PG-rated) 58-page dissent to yesterday’s non-precedential Fifth Circuit decision, in which the majority concluded that a private company’s workplace vaccine mandate could irreparably harm individuals with disabilities and strong religious beliefs. Continue reading
Proving that the U.S. Equal Employment Opportunity Commission doesn’t just enforce anti-discrimination laws on behalf of the “little guy,” the EEOC announced on Monday that it had recovered $250,000 from a company that allegedly terminated its former CFO because of his disability.
Yes, that’s when it happened. Or, at least when the EEOC announced a settlement that it had reached — Happy Valentine’s Day!
If, like me, you’ve always wondered whether the Federal Arbitration Act (FAA) preempts a 2019 amendment to New Jersey’s Law Against Discrimination (LAD) that prohibits the waiver of procedural and substantive rights under the LAD, try to remain calm. I’m about to blow the lid off this jawn.
(The rest of you can bug out and play Wordle.) Continue reading
I had this great post planned for today about the millions of American workers who skip work the day after the Super Bowl — and what employers can do (legally) to address it.
Then, I remembered that I wrote about it back in 2020. So, since I’m feeling lazy pragmatic, you get to take a trip down memory lane.
On Tuesday, I warned you that your company’s arbitration agreements for sexual harassment claims might not survive February intact.
Folks, they may not make it to the Super Bowl. Continue reading
I’m not sure if we are still in the middle of the “Great Resignation,” the “Great Renegotiation,” or something else entirely. I am sure, however, that I could go for a great piece of coconut cream pie right now.
Additionally, I know that among life’s certainties are death, taxes, and employees complaining about their jobs. And those complaints are usually filed on social media platforms like Facebook, TikTok, and Reddit.
I understand that your company may be inclined to take matters into its own hands when employees complain on social media about work by, err, “facilitating” their exit from the company. But before you hand out any pink slips, read this post. Continue reading
People ask me if I like to read. Continue reading
Back in the Summer, during one of my rare deviations from blogging about COVID-19, I slipped in a post about a bipartisan effort in Congress to end the forced arbitration of sexual assault and sexual harassment claims.
Six months later, there are some real signs that this Bill will make it to President Biden’s desk for signature. So, if you have employees that have signed arbitration agreements, keep reading.
ICYMI, the days of a more business-friendly U.S. Department of Labor are long gone.
And it’s only going to become more adversarial. Continue reading
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