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Join us at 1 PM ET today (1/9/23) on Zoom to discuss the FTC’s new proposed noncompete ban
On Thursday, the Federal Trade Commission proposed a new rule prohibiting employers from imposing noncompetes on their workers. I wrote...
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The feds are coming for your company’s noncompete agreements, old and new. You need to read THIS!
Yesterday, the Federal Trade Commission proposed a new rule prohibiting employers from imposing noncompetes on their workers. When I...
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The FMLA does not protect employees from termination for unrelated reasons (like performance)
Blink twice if you know (or at least suspect) a poor-performing employee who complained about discrimination or sought leave under the Family...
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How does an employee go from “promotable” to “expandable” to plaintiff claiming gender bias?
Litigators often counsel witnesses to answer, “I don’t recall,” rather than guess or speculate the response to a question at a...
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This company was so close to escaping an ADA lawsuit. Here’s what it did wrong.
The Americans with Disabilities Act prohibits employers from discriminating against qualified individuals because of a disability. A qualified...
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Tighten up those non-competes!
I love to litigate employment disputes. And restrictive covenant cases are at or near the top of my list. They are fast-paced, usually...
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Protections for pregnant workers and new moms are coming as part of new federal government funding
Last week, while many of you were in your offices with the doors closed, pretending to work before the holiday break, the Senate and House...
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New Jersey’s Mini-WARN Act may get that employee-friendly overhaul sooner than you think.
Under a federal law called the Worker Adjustment and Retraining Notification (WARN) Act , businesses with 100 or more employees must provide...
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DOL’s new resources for workers impacted by cancer will help employers avoid FMLA missteps too
Earlier this month, the U.S. Department of Labor announced that it had released New Resources for Workers Impacted by Cancer . Cancer...
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Now, THIS is a retaliation lawsuit worthy of becoming a bar exam question.
Sometimes, when deciding whether to blog about a recent federal court decision, I skip the “Factual Background” section and go...
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Don’t sleep on state wage and hour laws in 2023, especially if you are a multi-state employer.
I like to tell people who will listen to me, which frequently isn’t even my kids, that I can go into most workplaces and sleuth out at...
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Fired an employee for violating a social media policy, did you? You may have to pay their credit card debt and mortgage payments.
On Friday’s edition of The Employer Handbook Zoom Office Happy Hour — catch the replay here if you missed it — we talked...
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Join us TODAY at Noon ET for The Employer Handbook Zoom Happy Hour: “The ESSENTIAL Employment Law Updates for 2023″
I don’t know about you, but the COVID-19 pandemic has warped my sense of timing. Still, it seems like a lot happened in 2022 that...
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Pennsylvania’s employment laws appear to be inching closer to New Jersey’s (aka the California of the East)
When I think of Pennsylvania, it’s the Liberty Bell, cheesesteaks, and that putrid football team from Pittsburgh with the fans that wave...
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Keeping open lines of communications, and other ways to demonstrate good faith under the ADA
A recent Eighth Circuit decision helps show how an employer can discharge its obligations to engage in the Americans with Disabilities Act...
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Can you rescind a job offer because you learn a candidate sued a prior employer for discrimination?
Probably a bad idea. Especially if defending U.S. Equal Employment Opportunity Commission lawsuits isn’t your jam. The EEOC...
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Join us on Friday, 12/16/22 at Noon ET for The Employer Handbook Zoom Happy Hour: “The ESSENTIAL Employment Law Updates for 2023″
Are you ready for the employment law changes that 2023 has in store for your company? If you’ve been thinking about updating your...
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Join us today at Noon ET for The Employer Handbook Zoom Happy Hour: “In-House Counsel’s Workplace Dreams and Nightmares”
I am so stoked for today’s edition of The Employer Handbook Zoom Office Happy Hour. I’ll tell you why. I’ve convinced...
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Law restricting arbitration of sexual harassment claims doesn’t apply retroactively, says court that can read the law
Your tax dollars at work, folks. Well, technically, just those of us in New Jersey. Before I tell you about this recent decision ,...
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Hey Handbook! How much time should we give employees to sign a severance agreement?
It depends. If an employee signs a severance agreement, you want them to provide a general release in exchange for whatever consideration...
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Is it ok to terminate an employee, but then let them complete their FMLA leave?
Tell me what you think of this. An employee is having behavioral issues at work, which leads to an official warning from the employer. The...
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Don’t have an FMLA call-in procedure so complex that not even HR can figure it out.
Under the Family and Medical Leave Act , employers may require an employee to comply with the employer’s usual and customary notice and...
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Now, here’s how you REALLY compare two employees in a discrimination lawsuit
During Thanksgiving week, I blogged about a Seventh Circuit decision and what makes a plaintiff alleging discrimination “similarly...
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Take Note: Here’s how strong DOCUMENTATION torpedoes discrimination claims.
Yesterday’s parting shot advised employers — not legal advice, mind you — that well-documented termination decisions are...
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Fired hours (minutes?) after he complained about discrimination, an employee sued and LOST his retaliation lawsuit.
As I read this summary judgment opinion last night , I fully expected the judge to send the plaintiff’s retaliation claim to trial....