Showing, again, that workplace gossip can get you sued.
I really feel that the employer will win this case, for reasons I'll discuss below, but first . . .
A federal judge has said that starting malicious rumors that a male...more
A tough situation. Could it have been handled better?
The Pennsylvania Department of Insurance will be going to trial in a retaliation case involving reference information it provided for a former employee....more
Here's the timetable for EEO-1 comp data reporting.
Late last week, the Equal Employment Opportunity Commission filed a status report in the case of National Women's Law Center v. Office of Management and Budget. The case is...more
With maybe some relief for employers.
This week, the General Counsel of the National Labor Relations Board publicly released some advice memoranda that indicate better times for employers and possibly tougher times for...more
I see some bombs tucked away in there.
The U.S. Equal Employment Opportunity Commission issued proposed regulations that were published in today's Federal Register....more
Another chapter in a continuing saga.
I've written three times about Dale Kleber, the very experienced attorney who was not considered for an entry-level job as in-house counsel with a health care company.
Mr. Kleber, who...more
The decision could be a big help to recruiters, staffing companies, and employment agencies.
When might a recruiter be liable for a discriminatory hiring decision?...more
Workplace rules are back, baby!
Peter Robb, General Counsel for the National Labor Relations Board (and my new hero), issued a Memorandum on Wednesday that employers should love. ...more
It's possible to discriminate against someone of your own faith. And illegal.
Carl Smith, a Catholic, was a trainee in Philadelphia's Department of Licenses and Inspection. ...more
Roberts v. Clark County (NV) School District involved a female-to-male transgender police officer. Although the School District later changed its policy, when Bradley Roberts first told the District in 2011 that he was...more
A number of employers and employer groups — including the National Association of Manufacturers and Associated Builders and Contractors, Inc. — filed suit last week in a federal court in Texas seeking to block parts of the...more
These will be really quick takes, since there are so many of them, on the proposed Enforcement Guidance on National Origin Discrimination issued this week by the Equal Employment Opportunity Commission. (The actual document...more
Your kid plays a joke on you, and you respond, “I’m gonna kill you” while laughing at the joke. Idle threat, or serious?
A co-worker tells you she will slash your tires if you vote against the union. Idle threat, or...more
On May 17, 2016, the Equal Employment Opportunity Commission issued its final rules on wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. The ADA rule applies to...more
The Equal Employment Opportunity Commission has published a new Fact Sheet on LGBT discrimination that employers will find helpful. As I’ve reported before here and here, the agency is taking an aggressive position regarding...more
A federal appeals court panel has come out with a decision interpreting the U.S. Supreme Court’s decision last year in Young v. UPS, and the result wasn’t too good for the employer.
The Sheriff’s Department of Ulster...more
Argh! I was hoping not to have to talk about HB 2 again (North Carolina’s notorious “bathroom bill”), but there has been so much misinformation about what it did to wrongful discharge claims that I’ve just gotta....more
If your employee isn’t a professional driver but spends a lot of time on the road, how “essential” a job function is driving for ADA purposes? Is driving “essential” at all?
In what I consider to be a very significant...more
The proposal was announced by President Obama in a White House ceremony last week celebrating the seventh anniversary of the Lilly Ledbetter Fair Pay Act.
The proposal could certainly have been worse. The EEOC would...more
The Equal Employment Opportunity Commission filed a “friend of the court” brief in a sexual orientation discrimination appeal, arguing that sexual orientation discrimination is “sex discrimination” prohibited by Title VII....more
The U.S. Supreme Court agreed last Friday to review a decision from the U.S. Court of Appeals for the Eighth Circuit, which vacated a multi-million attorneys’ fee award for trucking company CRST Van Expedited, Inc. The Equal...more
Last week, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. In April, the EEOC issued a proposed rule on employer wellness...more
“An apple a day keeps the doctor lawyer away.” Here are five easy and inexpensive things that employers can do to minimize their risk of being sued and maximize their chances of victory if they do get sued. None of these...more
8/8/2015
/ Complaint Procedures ,
Corporate Counsel ,
Disclosure ,
Employer Liability Issues ,
Employment Discrimination ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Information Sharing ,
Misclassification ,
Non-Exempt Employees ,
Wrongful Termination
Here’s a lesson: Don’t call your employee an “old fart,” especially if you think you may need to fire him someday.
And don’t call his co-workers “old farts” right before you fire the co-workers.
...more
On Wednesday, I did a very short “breaking news” post on the new Interpretation issued by Wage and Hour Administrator David Weil on when workers are “employees” versus “independent contractors” under the Fair Labor Standards...more