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With the DEA reportedly ready to ease restrictions on marijuana, the ADA landscape changes for employers
Last week, the Associated Press reported that the U.S. Drug Enforcement Administration would move to reclassify marijuana...
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Must an employer accommodate an employee who won’t use transgender names and pronouns?
Readers of this blog know that the EEOC recently finalized its new workplace harassment guidance and that one of the contentious issues in...
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DOL to Employers: Using artificial intelligence does not excuse compliance with the FLSA and FMLA
On Monday, the U.S. Department of Labor’s Wage and Hour Division published new guidance reminding employers that the use of...
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The EEOC has finalized its new workplace harassment guidance
In October 2023, the U.S. Equal Employment Opportunity Commission voted to propose new Guidance on workplace harassment , the first voted...
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See you on Zoom today at Noon ET to address the FTC’s noncompete ban and the DOL’s OT changes
You still have time to register ( here ) for The Employer Handbook Zoom Office Happy Hour, which returns today at Noon ET. My Pierson...
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17 states sue to block the EEOC from greenlighting abortion leave under the Pregnant Workers Fairness Act
From the time it proposed regulations to implement the Pregnant Workers Fairness Act to when it issued a final rule earlier this month, the...
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Let’s have another Zoom on Monday, 4/29/24, at Noon ET to address the FTC’s noncompete ban and the DOL’s OT changes
What a week! On the same day that the Federal Trade Commission announced its plan to ban most employee noncompetes , the U.S. Department...
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It’s official. The feds plan to ban most employee noncompetes. But is this fire or smoke?
In January 2023, the Federal Trade Commission (FTC) proposed a rule generally prohibiting employers from imposing noncompetes on their...
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How did a white man convince a jury to award him over $10M for race and gender discrimination?
In 2013, a healthcare provider hired a white man—let’s call him plaintiff—as its Senior Vice President of Marketing and Communications....
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Can harassment of OTHERS help prove that a plaintiff endured a hostile work environment?
Have you ever heard of me-too evidence? Plaintiffs in discrimination cases may attempt to introduce me-too evidence to the jury to...
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Join us today at Noon ET for The Employer Handbook Zoom Happy Hour to discuss the EEOC’s Pregnant Workers Fairness Act Final Rule
You can still register here to join us today, April 19, 2024, at Noon ET. Along with my partner, Amy Epstein Gluck , I will discuss the...
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Yesterday, the Supreme Court cleared up when a job transfer may be discriminatory. But not really. Actually, not at all.
Suppose an employer transfers an employee, and that employee believes that unlawful bias fueled the decision. Does that transfer have to...
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Next week, the feds will vote on whether to ban most noncompetes
Yesterday, the Federal Trade Commission announced that it would hold a “special open Commission meeting” on April 23 to vote on...
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The EEOC has issued its final rules on the Pregnant Workers Fairness Act. So, let’s Zoom on Friday, April 19, 2024 at Noon ET.
At long last, the U.S. Equal Employment Opportunity Commission (EEOC) , the federal agency tasked with enforcing the Pregnant Workers...
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Man wins $1.5M discrimination verdict. Then the appellate court completely erased it. Here’s why…
I want to tell you about an Army reservist whose employer investigated him for taking fraudulent leave. That investigation spawned a grand...
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Have you ever heard of an “intersectional” discrimination claim?
A white man filed a lawsuit against a company claiming that it denied him a high-six-figure executive position because of his race, age, and...
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When is an employer AUTOMATICALLY liable for a supervisor’s sexual harassment of a subordinate?
Often, an employer has affirmative defenses when an employee accuses a supervisor of sexual harassment. But Title VII of the Civil Rights Act...
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Hair discrimination isn’t unlawful. But, firing a black employee because of her natural hair texture is.
Congress has considered legislation several times that would prohibit employers from discriminating based on an individual’s hair...
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Can employers legally favor transgender employees over cisgender employees?
The words “cisgender” or “non-transgender” employee appear nowhere in Title VII of the Civil Rights Act of 1964 , the...
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Must employers excuse workers with strong religious beliefs from respect-in-the-workplace training covering LGBT topics
After taking a few days off and rocking out in Seattle, I’m back to blogging about employment law.
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Court to Labor Board: Your “misguided attempt to find a labor-law violation” is “nonsense”
Like The Rock laying the smack(eth) down on Cody Rhodes in a Chicago parking lot , a federal appellate court recently pummelled the National...
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Some complaints of sexual harassment aren’t protected at all
Suppose an employee gets fired after complaining about sexual harassment at work. If that person later claims retaliation, they will have to...
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Court to employers: Don’t wait too long to arbitrate employments claims
A recent federal appellate court decision is an important reminder to confirm early—not later—whether the employee suing your business...
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Folks, misgendering an employee can be severe and pervasive enough to create a hostile work environment.
I’m going to tell you about a transgender man who worked for three years as a sergeant for a state prison. While working at the prison,...
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“This case illustrates why the Americans with Disabilities Act (ADA) exists.”
Imagine being an employer-defendant and reading that sentence as the lede in a court’s summary judgment opinion. Ouch! But...