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A company reportedly shut down its business rather than go union. Wait, can it do that?!?TL;DR: Yes. But I’ll explain to you why it’s probably not illegal. First, here’s what happened. According to...
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Even some judges mistake how easy it is for an employee to claim age discriminationLast month , I explained how easy it is for an employee to plead a discrimination claim under the Age Discrimination in Employment Act ....
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How did this employer terminate an employee while on FMLA without violating the law?Employers cannot interfere with employee rights under the Family and Medical Leave Act . However, the FMLA doesn’t exonerate employee...
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Don’t use THIS FONT in your legal briefs (or anywhere else probably).This one is a bit of a total stretch. It’s about an employment law-adjacent lawsuit. The owner of a limited liability company...
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Is it worse to smoke a cigarette in a tanker truck carrying highly flammable substances or drive it recklessly?A federal appellate court recently breathed new life into the discrimination claims of a tanker driver alleging that his race motivated his...
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There’s no bright-line rule or magic words needed for employees to request workplace accommodations.See what you think of this. An employee who recently returned from breast cancer surgery complains to her manager that her job “was...
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An employer that refuses to accommodate an employee’s disability can still win an ADA lawsuit. Here’s how.The Americans with Disabilities Act requires employers to make reasonable accommodations for a qualified individual with a disability unless...
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Here’s why the FTC thinks its non-compete rule will survive a legal challengeLast week, the Federal Trade Commission responded to efforts by a Texas business and the U.S. Chamber of Commerce to convince a Texas...
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Got an age discrimination claim? It’s not that hard to plead one in court.A plaintiff claiming age discrimination at work must ultimately prove, by a preponderance of the evidence, that age was the...
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The world’s largest HR organization does NOT support the FTC’s non-compete ruleThe Society for Human Resource Management (SHRM) , with nearly 340,000 members in 180 countries (of which I am one), filed an amicus brief...
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Today’s letter of the day is “P,” as in “Pretext”In employment discrimination cases where a defendant-employer articulates a legitimate, nondiscriminatory reason for the employment action,...
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Did this company retaliate or simply exercise its First Amendment right (to BLAST its employee on Facebook)?“An employer’s free speech right to comment upon matters that affect the business is firmly established,” noted a Vermont...
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Various employer associations have sued to block the DOL’s new overtime ruleYesterday, several employer groups and associations filed a federal lawsuit in the same court that, in 2017, stymied the U.S. Department of...
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If your company handles military leave for employees this way, you may be doing it all WRONGYesterday, a federal appellate court issued a precedential opinion clarifying when employers must pay employees and provide certain benefits...
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Supervisors playing doctor — unless they’re doctors — is a bad ideaThe U.S. Equal Employment Opportunity Commission recently issued two press releases: one announcing a disability discrimination lawsuit...
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Can a single incident that the plaintiff doesn’t witness create a hostile work environment?A single incident, like a supervisor calling a black employee the “n” word, may be enough to create a hostile work environment....
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Let’s update you on some recent NJ employment law developmentsThe New Jersey Supreme Court has weighed in not once but twice this month on important employment law issues. So, if you operate a business in...
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Here’s why the Chamber of Commerce believes the FTC’s non-compete rule is unlawfulEarlier this week, the U.S. Chamber of Commerce told a Texas federal judge to block the Federal Trade Commission’s final Noncompete...
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Retaliation can come in all shapes and sizesEarlier this month, a federal appellate court addressed a few situations involving retaliation claims in the workplace in which parties (and...
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Court: Denying coverage for gender-affirming care to transgender employees is sex discriminationIf your business provides a self-funded health insurance plan to its employees, that health plan covers “medically necessary”...
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Hey, HR! Avoid the same mistake that this HR Department allegedly made when responding to an employee’s complaint.An employer recently learned the hard way that a proper response to an employee’s complaint of harassment involves more than simply...
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Congress takes a step closer to ending forced arbitration of age bias claimsYesterday, the U.S. Senate Judiciary Committee announced that it had advanced the Protecting Older Americans Act , which would invalidate...
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A new bill in Congress would uncap damages in federal discrimination lawsuitsOccasionally, I post about MONSTER discrimination jury verdicts, some in the seven and eight figures. I do it for shock value and, often, the...
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This guy didn’t need an accommodation to perform his job. He wanted one to avoid discipline.Today, I will tell you about an employee caught sleeping on the job. Several times. The first was when three coworkers observed him...
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Man tests positive for marijuana, blames it on his lip balm, and doubles down with an ADA lawsuit.Yesterday, I wrote about how the DEA’s move to ease restrictions on marijuana would change the ADA landscape for employers by...
