A retaliation claim under Title VII requires proof of a “materially adverse action.” Short of discharge, what could be more materially adverse than a suspension? The Fifth Circuit Court recently ruled that even a suspension...more
Commentator and writer Tomi Lahren has filed suit in Dallas County, Texas, against Glenn Beck and TheBlaze, Inc. (“TBI”). Judging from the complaint, the issues include the defendants’ continuing exercise of control over a...more
The Seventh Circuit Court of Appeals is the first federal appellate court in the country to rule that Title VII already protects employees from discrimination because of sexual orientation. In every other case that has...more
The facts alleged are horrific. A supervisor had a history of screaming obscenities and throwing things at women who worked for him. The employer sent him to anger management classes. His preferred victim was seven months...more
In these unsettled days of a new administration, it is almost soothing to see the courts focus on statutory language alone. Almost.
The Fair Credit Reporting Act (“FCRA”) requires that, before a prospective employer (or...more
Does the ADAAA allow an employee to claim that she is disabled-in-a-particular-place or with-a-particular-supervisor, and otherwise not disabled? A California federal court judge opened the door to such claims by denying...more
The Supreme Court has agreed to resolve the simmering dispute between the NLRB and (essentially all) employers over class action waivers. The NLRB has maintained in a number of cases that employers may not enforce arbitration...more
1/17/2017
/ Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Epic Systems Corp v Lewis ,
Ernst & Young ,
Federal Arbitration Act ,
Murphy Oil USA ,
NLRA ,
NLRB ,
SCOTUS
A recent disparate impact claim over drug testing sets the stage for participants to dictate improvements in employer policies. In Jones et al v. Boston, No. 15-2015 (1st Cir. Dec. 28, 2016), the court considered claims by...more
As we all know, a federal judge blocked the Final Rule from the Department of Labor (“DOL”) that would have roughly doubled the salary threshold for executive, administrative and professional exempt employees. Now, the DOL...more
A federal district court has ruled that instructing an HR Director to “adapt to bring out the best in our new and younger employees” was not evidence of age-based harassment. Vontlintel v. Eagle Comm., Inc. No....more
By creatively patching together scheduled days off, vacation days, and personal holidays, and then switching a shift, the plaintiff put together 21 days off. Unfortunately, he was still scheduled for one shift right in the...more
11/3/2016
/ Family and Medical Leave Act (FMLA) ,
FMLA Abuse ,
Holiday Pay ,
Human Resources Professionals ,
Internal Investigations ,
Paid Leave ,
Reasonable Suspicion ,
Retaliation ,
Summary Judgment ,
Vacation Pay ,
Wrongful Termination
The administration is beta-testing a new on-line tool at http://worker.gov. The site lets the user select on a job title (from a slowly expanding list) and then click to a menu of various violations of labor and employment...more
As employers prepare for the Department of Labor’s new salary threshold for executive, administrative and professional exempt employees, many turn to the Fluctuating Work Week (FWW) method of calculating overtime pay. Under...more
An Arizona-based employer filed for H-2B visas for seasonal low-skilled drivers. The season for the application was 9 months: Fall-Winter-Spring, based on the growing season and the season of high volume sales for produce....more
California has passed a novel piece of employment law. New section 925 of the California Labor Code prohibits employers from requiring employees to sign an agreement that (a) forces the employee to litigate or arbitrate...more
The Second Circuit Court of Appeals recently taught employers what can happen when Human Resources abandons an investigation half-way through. In Vasquez v. Empress Ambulance Serv., Inc., No,. 15-3239-cv (2d Cir. Aug. 29,...more
The NLRB chose not to interfere with collegiate football. Northwestern University, Case 13-RC-121359 (August 17, 2015). Collegiate teaching assistants, though, are another thing. In Columbia University, Case 02-RC-143012...more
The worlds of transgender versus religious rights collided hard recently when an EEOC action on behalf of a discharged transgender worker ran full force into a Religious Freedom Restoration Act (“RFRA”) defense, and the EEOC...more
8/23/2016
/ Equal Employment Opportunity Commission (EEOC) ,
Free Exercise Clause ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Religious Freedom Restoration Act (RFRA) ,
Sexual Orientation Discrimination ,
Termination ,
Title VII ,
Transgender
The Fifth Circuit Court of Appeals expanded on the EEOC’s guidance on a staffing company’s liability for its client’s discriminatory decisions. According to the court, a staffing company may be liable when a client asks the...more
The NLRB has reversed course on another issue significantly affecting employer relationships – not just relationships with employees, but also relationships with employee leasing companies. In Miller & Anderson, Inc., 364...more
The U.S. District Court for the Northern District of Texas has enjoined the Department of Labor from enforcing its new Persuader Rule. In the Persuader Rule, the DOL reversed its position on when attorneys who provide...more
California’s new regulations concerning employment discrimination come into effect soon. Briefly, they require beefy policies and supervisor training concerning reporting discrimination and harassment. Naturally, they include...more
In Faush v. Tuesday Morning, Inc., No. 14-1452 (3d Cir. November 18, 2015), the court addressed race discrimination claims brought by a former temporary worker against the company he was assigned to assist. The plaintiff...more
The U.S. Court of Appeals for the District of Columbia sided with the NLRB on 3 common employer policies. These rules violate the NLRA on their face...more
In EEOC v. Global Horizons, Inc. et al., No. CV-11-3045-EFS (E.D. Wash.), the court determined that the EEOC had conducted a shoddy administrative investigation and lacked a factual basis to pursue its theory of...more