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It’s WORSE than we thought. Most of your severance agreements may be ENTIRELY WORTHLESS!
Last month , I told about a National Labor Relations Board decision to ban certain nondisparagement and confidentiality...
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Being denied coverage to use the bathroom (and a bunch of other stuff that isn’t discrimination)
When employees allege discrimination, they must prove an employer’s discriminatory motive and connect it to a particular adverse...
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Who gets the job? The most-qualified candidate or a disabled employee requesting reassignment?
Can an employer have a categorical policy of hiring the most qualified candidate when a qualified disabled employee requests reassignment to a...
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You can’t be retaliated against for NOT reporting sexual harassment. The more you know.
I didn’t even have to go to law school to figure that out. Unfortunately for a plaintiff and her lawyer, they learned this lesson the...
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Oh, no! Tell me a supervisor didn’t write THAT on an employee’s PIP.
If you haven’t done FMLA training for your supervisors, hopefully, this post will motivate you to get some on the calendar. The...
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Do employers risk violating the FLSA by reducing PTO? Is it part of an employee’s salary?
Those were the critical issues in a precedential decision that the Third Circuit Court of Appeals issued yesterday . So let’s talk...
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THIS action fell just short of possible discrimination and retaliation. (Whew!)
The plaintiff in this action has worked as a human resource specialist. She claimed that, beginning in 2019, her male supervisor made...
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Today is Equal Pay Day. And here’s why, for the 14th time, the reintroduced Paycheck Fairness Act won’t pass.
In recent years, many states have passed equal pay laws . At the federal level, well… For U.S. Representative Rosa DeLauro...
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The time an employee rejected a $100 discrimination settlement and turned it into $495,000!
You practice long enough as an employment lawyer, and you accrue stories upon stories to share with others. But, this one I’m about to...
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A federal appellate court using Homer Simpson to explain wage and hour law?!? Woo hoo!!
Benoît Prieur , CC0, via Wikimedia Commons Fair Labor Standards Act lawsuits aren’t exactly fodder for Silver Screen blockbusters....
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ADA accommodation requests in Hawaii work the same way as in the other 49 states.
The plaintiff in the case I read last night worked in Hawaii as a customer service representative. She was a clinically obese woman...
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The FTC is slowing its roll on its proposal to ban noncompetes. And lawsuits are in the queue.
On Monday, the Federal Trade Commission delayed any potential implementation of its proposal to ban employers from imposing...
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Do we have to pay out accrued PTO to terminated employees?
The answer to that question (wait for it) — it depends on the state. A few states, like California, Colorado, Kentucky, and...
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Did an employee just discover an “FMLA loophole” to arbitration agreements?!?
Grab your pearls for clutching, and let’s get into this recent federal court decision to find out. Last week, I talked about how...
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“You have done nothing wrong. I am just following orders in building a new, younger team for the CEO.”
If you’re 67 years old, you work in human resources, and you happen to hear those words from the company’s U.S. president, it may...
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PRO-TIP: If you want to arbitrate employment claims, have an arbitration agreement.
A client embroiled in an employment dispute with a former employee once asked me if we could force the employee into arbitration. So, I asked...
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The EEOC isn’t the only federal agency safeguarding complaints about race bias at work
Last week, the National Labor Relations Board made headlines when it concluded that nondisparagement and confidentiality provisions in...
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No job description? No problem. See why this employer had no duty to accommodate.
The Americans with Disabilities Act bars employers from firing someone because they have a disability. It also requires employers to provide...
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Documentation and communication FTW! (Well, good enough.)
After completing a 90-day orientation program for newly licensed nurses, a woman was denied a full-time position as a Registered Nurse (RN) at...
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This employee apparently doesn’t understand how pregnancy discrimination works
I won’t bury the lede. Here’s the takeaway from this post. If an employer doesn’t know that an employee is pregnant, it...
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How can an employee make $200K, PLUS overtime?!? The Supreme Court explains…
Image by Clker-Free-Vector-Images from Pixabay A company operating an offshore oil rig paid one of its “tool pushers”...
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I’m willing to bet that, as of yesterday, most of your severance agreements are UNLAWFUL
On February 21, the National Labor Relations Board decided ( here ) that nondisparagement and confidentiality provisions in a...
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Are you in the clear waiting four weeks to fire someone who complained about sexual harassment?
I’ve got some ‘splaining to do before we get into the meat and potatoes. First, if a company fires someone because...
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New Jersey created something called a “Temporary Workers’ Bill of Rights.” What is it?
Last week, Governor New Jersey Phil Murphy’s office announced “a significant step for vulnerable workers in New Jersey”...
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Did a union non-profit refuse to accommodate a woman with breast cancer and force her to resign? The EEOC thinks so.
I read on t he U.S. Department of Labor website that unions help employees improve the workplace with “enhancements” such as...