Nothing you wouldn't already have figured out.
This is not the most exciting employment law news, but the Equal Employment Opportunity Commission has issued some updates to its technical assistance on COVID-19. According to...more
Happy Mother's Day weekend.
How much do you know about the new Pregnant Workers Fairness Act, which will take effect only six short weeks from now? Take our Mother’s Day quiz and find out! You don’t have to be a mother (or...more
Not in my opinion.
The following scenario was in this morning's Miss Manners column. You may need a paid subscription to access, but here's the gist:
Employee is 20-something, happily married, and just learned that she is...more
Morals based on a real court decision.
My law partner Jon Yarbrough alerted me to a recent court decision that is full of little gems for employers. I thought I'd break the decision down into "true fables," each with a...more
4/28/2023
/ Adverse Employment Action ,
Disability ,
Employment Contract ,
Good Faith ,
Honest Belief Defense ,
Morals Clauses ,
Protected Activity ,
Reasonable Accommodation ,
Retaliation ,
Sexual Harassment ,
Termination ,
Title IX ,
Wage and Hour
On Tuesday, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case I blogged about in January. The case is about what standard of "undue hardship" should apply in religious accommodation cases.
Under every...more
4/21/2023
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Religious Accommodation ,
Religious Beliefs ,
SCOTUS ,
Title VII ,
Undue Hardship ,
Uniformed Services Employment and Reemployment Rights Act (USSERA) ,
USPS ,
Vaccinations ,
Wage and Hour
Then again, it may have been that "FU" text I sent the boss.
You can't make this stuff up.
For those of you who think I'm too hard on employers, today is your day. There was an excellent pro-employer decision recently...more
Firm must go to trial on same-sex harassment claim.
If one employer's swings and misses can help other employers -- this case is a grand slam.
An executive recruiting firm hired a kid right out of college to work out of its...more
Mental illness can cause problems at work, and keep employees from getting help.
If my experience is typical (and it may not be), it seems that a significant percentage of employers’ legal and Human Resources problems come...more
3/31/2023
/ Americans with Disabilities Act (ADA) ,
Attendance ,
Human Resources Professionals ,
Mental Health ,
Performance Reviews ,
Reasonable Accommodation ,
Retaliation ,
Social Media ,
Termination ,
Title VII ,
Wage and Hour
Bad news, but at least employers know where they stand.
Does your settlement or separation agreement contain non-disparagement or strict confidentiality provisions?
If so, it may not be worth the paper it's printed on....more
3/24/2023
/ Chamber of Commerce ,
Confidentiality Agreements ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Protected Concerted Activity ,
Separation Agreement ,
Settlement Agreements ,
Supervisors ,
Wage and Hour
You won't go wrong.
Top o' the mornin'! This post has nothing to do with St. Patrick's Day, but I hope you're having a good one.
When I conduct harassment training for supervisors and managers, we spend a good bit of time...more
People, it doesn't work.
There was a court decision last week from my home state of North Carolina that left me shaking my head.
A social worker sued her ex-employer, a non-profit, claiming (among other things) that she...more
This is a G-rated post. PG at worst.
Toronto-area shop teacher Kayla Lemieux -- you know, the one with the famous Z-cup breasts -- has been placed on a leave of absence now that the New York Post has reported that she is...more
3/3/2023
/ Appearance Policy ,
Canada ,
Disability Discrimination ,
Dress Codes ,
Gender Dysphoria ,
Leave of Absence ,
Popular ,
School Boards ,
Teachers ,
Title VII ,
Transgender ,
Wage and Hour
Two cents from an employment lawyer.
My colleague David Phippen wrote an excellent bulletin about this week's McLaren Macomb decision from the National Labor Relations Board, in which the Board ruled that offering...more
2/24/2023
/ Confidentiality Agreements ,
Employee Rights ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Protected Activity ,
Section 7 ,
Separation Agreement ,
Severance Agreements ,
Severance Pay ,
Unfair Labor Practices
In other words, which presidents can we -- ahem -- blame?
George and Abe say, "Don't look at us."
Just kidding. In honor of President's Day, I thought it might be fun to review which presidents were responsible for the...more
2/17/2023
/ Affirmative Action ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
GINA ,
Labor Policies ,
Layoffs ,
NLRA ,
OFCCP ,
OSHA ,
Pregnant Workers Fairness Act ,
USERRA ,
Wage and Hour
The USDOL has issued a handy little guide.
One of the biggest challenges employers with remote workers face is how to comply with wage and hour laws.
Yesterday, the U.S. Department of Labor issued a Bulletin discussing the...more
Even if the employee doesn't qualify.
Picture this. You ask your boss whether you can take leave under the FMLA. Your boss asks why you want the leave, and you say your cat is sick.* It's your favorite cat. Your boss...more
Now, no. Someday, probably.
I've been feeling a little insecure reading about ChatGPT and its ability to write articles, help college students cheat on (sorry -- I mean, "ace") their exams and get A+s on their term papers,...more
"Undue hardship" defense is likely to become tougher.
The U.S. Supreme Court has agreed to review the undue hardship standard in religious accommodation cases. We expect the standard to become more difficult for employers...more
1/27/2023
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Popular ,
Reasonable Accommodation ,
Religious Accommodation ,
SCOTUS ,
Title VII ,
Undue Hardship ,
Uniformed Services Employment and Reemployment Rights Act (USSERA) ,
Wage and Hour
Nothing, but here is my stab at it.
I’ve been racking my brain to find some employment-law-related excuse to blog about Prince Harry and his book Spare, which I have not read and do not intend to read, out of respect for...more
Inquiring minds want to know!
It's been a slow week for real news, and we have a long weekend coming up. But I found two stories relating to employees (one was a law partner, so technically not an employee) who blew their...more
Pregnancy and lactation accommodation.
Happy new year! Two pieces of legislation included in the $1.7 trillion Fiscal Year 2023 Omnibus Spending Bill signed into law by President Biden on December 29 will enhance workplace...more
The impact on most employers should be minimal.
As you've probably heard, President Biden has recently signed into law two measures that could affect employers: The Speak Out Act, and the Respect for Marriage Act....more
12/16/2022
/ Employment Discrimination ,
Independent Contractors ,
Joe Biden ,
Marriage ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Obergefell v. Hodges ,
Pre-Dispute Arbitration ,
Pre-Employment Agreements ,
Religious Beliefs ,
Same-Sex Marriage ,
Sexual Assault ,
Sexual Harassment ,
Trade Secrets
Booze, wage-hour, workers' comp . . . we have it all!
Can you believe that we haven't had a workplace holiday party quiz since 2015? It's true! That must mean it's time for a new one....more
The right to bore, and not to be bored.
These two cases are not from the U.S.A. But they have some good lessons for U.S. employers.
Case One: "C'est cool d'être ringard." (English translation: "It's hip to be square.") A...more
Remember faxes?
I don't. A 70-year-old home health care nurse (RN) has sued her employer under the Americans with Disabilities Act and the Age Discrimination in Employment Act....more