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Workplace Christmas Quiz!

Happy holidays, with an employment law twist. 1-Macy’s parade Santa Claus was fired and replaced by Kris Kringle after he drank too much and got tangled up in his whip. The original Miracle on 34th Street was made in 1947,...more

Executive Recruiter Not Liable For Hiring Bias, Court Says

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

Second-guessing the advice columns: Holiday party harasser

Hanukkah doesn't end until sundown tonight, and it's two weeks until Christmas. But Greg Giangrande of the "@work" column in the New York Post already has someone who made a big mistake at a workplace holiday party...more

Avoid Women At All Costs?

Better to be prudent with everybody. An article this week in Bloomberg said that men on Wall Street were getting the message about #MeToo. But the message wasn't quite what you might expect. Rather than "Avoid harassment at...more

6 Easy Ways To Keep Your Workplace Holiday Party -- Without A Lawsuit.

Follow these rules, and you can't go wrong! A recent survey indicated that employers were cutting back on holiday parties in 2018. The consulting firm that conducted the survey speculated that #MeToo might be the reason...more

Wiccans, Pagans Now Outnumber Presbyterians, Study Says

Employers, are you ready to accommodate Wiccans? According to a study by the Pew Research Center, there are now 1.4 million mainstream Presbyterians in the United States but 1.5 million who identify as Wiccans or pagans....more

Refusal To Accommodate, Retaliation, Or Both?

This case makes my head hurt. A panel of the U.S. Court of Appeals for the Eighth Circuit ruled 2-1 this week that an employer's withdrawal of a job offer to an nurse who had requested a religious accommodation was not...more

Supreme Court Will Soon Decide Whether To Take Up LGBT Rights Cases

We may know by the end of this month. According to a report in yesterday's Bloomberg BNA Daily Labor Report, the Supreme Court will consider, and hopefully decide, on November 30 whether to review lower court decisions...more

House Flip Unlikely To Have Impact On Labor And Employment Law

At the federal level, anyway. Congratulations to the Democrats for flipping the U.S. House of Representatives last night, and congratulations to the Republicans for increasing their majority in the Senate. ...more

Less Than A Week To Go! NJ Earned Sick Leave Law Takes Effect Next Monday.

Employers with operations in New Jersey will need to be ready next Monday, October 29, when the New Jersey Earned Sick Leave Law takes effect. The state Commission of Labor and Workforce Development issued proposed...more

EEOC Now Says It IS having A #MeToo Spike

How quickly things change! Late last week, the Equal Employment Opportunity Commission released preliminary numbers on sexual harassment for Fiscal Year 2018, which ended September 30. Here is what the agency says:-...more

World's Worst Bosses -- For Employers Who Don't Want To Be Sued

If the "humble boss" is best, who's the worst? Sue Shellenbarger, the work and family columnist for The Wall Street Journal, wrote this week that the "in" characteristic for leaders right now is humility. (Paid subscription...more

New York State Sexual Harassment Training Deadline Is Extended, But You’d Better Have Your Policy In Place ASAP!

The deadline for employers to comply with New York State’s new sexual harassment training requirement has been pushed out to October 9, 2019. The original deadline was January 1, 2019. However, employers with employees in...more

FMLA Quirks Quiz!

Here is a quiz about some of the quirkier aspects of the Family and Medical Leave Act. How much do you know about these FMLA oddities? Unless otherwise indicated, you can assume that all of our hypothetical employers are...more

Employers, just say no to these disability/pregnancy practices!

A new lawsuit filed by the EEOC is a good guide for employers on what not to do. The Equal Employment Opportunity Commission has filed a class action lawsuit in federal court in New York against a group of senior care and...more

Retaliation: A Workplace Soap Opera

You have an employee, Daisy, who is honest as the day is long, but very sensitive. You find out that she reported you to Human Resources because you told her (in a nice, appropriate way) that you liked the dress she was...more

Can you require employees to come to work in a hurricane?

With Hurricane Florence bearing down on the coasts of the Carolinas, the North Carolina Department of Labor has posted on its website that private sector employers in North Carolina can legally insist that their workers...more

Updated FMLA Forms Are Now Available

These will be good until August 31, 2021. Apart from the new date, there are no changes....more

That's A Sexist Rule, Bra!

Only in America. Oh, wait. This is Canada. (For once.) - Christine Schell, a former employee of the Osoyoos Golf Club in Osoyoos, British Columbia (a lovely spot just north of the Washington State border), was allegedly...more

New York State Releases Proposed Harassment Materials

Act fast! Comments are due September 12, and a policy has to be adopted October 9. As our colleague Stephen Stecker has previously reported, New York State has enacted new sexual harassment policy and training requirements...more

Is The Sexual Harassment "Groundswell" Starting?

Maybe so - but at the state level. Earlier this summer, Victoria Lipnic, acting chair of the Equal Employment Opportunity Commission, reported that the EEOC had not seen a surge in charges alleging sexual harassment since...more

Drug Testing Quiz!

What better way to start the Labor Day weekend than with a drug test? Er, I meant a quiz about drug testing. Assume that the following are all situations in which drug testing is not legally mandated by some federal law,...more

Delaware Enacts New Sexual Harassment Provisions – With Mandatory Training!

Yesterday, Gov. John Carney (D) of Delaware signed into law H.B. 360, which provides more protections related to sexual harassment under the Delaware Discrimination in Employment Act. The DDEA currently prohibits...more

Almost Everybody Wants The Supreme Court To Rule On LGBT Rights.

C'mon, Supreme Court: Settle this one! As you know if you read this blog regularly, there are three cases involving LGBT rights under Title VII that might make it to the U.S. Supreme Court....more

Flatulent Security Cop Goes Viral -- Then Gets Fired.

Paul Flart, former hospital cop and current Instagram sensation. Doug, stage name "Paul Flart," made himself a star by recording himself passing gas while at work as a hospital security guard. But Mr. Flart apparently made...more

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