Firm must go to trial on same-sex harassment claim.
If one employer's swings and misses can help other employers -- this case is a grand slam.
An executive recruiting firm hired a kid right out of college to work out of its...more
Mental illness can cause problems at work, and keep employees from getting help.
If my experience is typical (and it may not be), it seems that a significant percentage of employers’ legal and Human Resources problems come...more
3/31/2023
/ Americans with Disabilities Act (ADA) ,
Attendance ,
Human Resources Professionals ,
Mental Health ,
Performance Reviews ,
Reasonable Accommodation ,
Retaliation ,
Social Media ,
Termination ,
Title VII ,
Wage and Hour
Bad news, but at least employers know where they stand.
Does your settlement or separation agreement contain non-disparagement or strict confidentiality provisions?
If so, it may not be worth the paper it's printed on....more
3/24/2023
/ Chamber of Commerce ,
Confidentiality Agreements ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Protected Concerted Activity ,
Separation Agreement ,
Settlement Agreements ,
Supervisors ,
Wage and Hour
You won't go wrong.
Top o' the mornin'! This post has nothing to do with St. Patrick's Day, but I hope you're having a good one.
When I conduct harassment training for supervisors and managers, we spend a good bit of time...more
This is a G-rated post. PG at worst.
Toronto-area shop teacher Kayla Lemieux -- you know, the one with the famous Z-cup breasts -- has been placed on a leave of absence now that the New York Post has reported that she is...more
3/3/2023
/ Appearance Policy ,
Canada ,
Disability Discrimination ,
Dress Codes ,
Gender Dysphoria ,
Leave of Absence ,
Popular ,
School Boards ,
Teachers ,
Title VII ,
Transgender ,
Wage and Hour
In other words, which presidents can we -- ahem -- blame?
George and Abe say, "Don't look at us."
Just kidding. In honor of President's Day, I thought it might be fun to review which presidents were responsible for the...more
2/17/2023
/ Affirmative Action ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
GINA ,
Labor Policies ,
Layoffs ,
NLRA ,
OFCCP ,
OSHA ,
Pregnant Workers Fairness Act ,
USERRA ,
Wage and Hour
The USDOL has issued a handy little guide.
One of the biggest challenges employers with remote workers face is how to comply with wage and hour laws.
Yesterday, the U.S. Department of Labor issued a Bulletin discussing the...more
Now, no. Someday, probably.
I've been feeling a little insecure reading about ChatGPT and its ability to write articles, help college students cheat on (sorry -- I mean, "ace") their exams and get A+s on their term papers,...more
"Undue hardship" defense is likely to become tougher.
The U.S. Supreme Court has agreed to review the undue hardship standard in religious accommodation cases. We expect the standard to become more difficult for employers...more
1/27/2023
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Popular ,
Reasonable Accommodation ,
Religious Accommodation ,
SCOTUS ,
Title VII ,
Undue Hardship ,
Uniformed Services Employment and Reemployment Rights Act (USSERA) ,
Wage and Hour
Nothing, but here is my stab at it.
I’ve been racking my brain to find some employment-law-related excuse to blog about Prince Harry and his book Spare, which I have not read and do not intend to read, out of respect for...more
Inquiring minds want to know!
It's been a slow week for real news, and we have a long weekend coming up. But I found two stories relating to employees (one was a law partner, so technically not an employee) who blew their...more
Pregnancy and lactation accommodation.
Happy new year! Two pieces of legislation included in the $1.7 trillion Fiscal Year 2023 Omnibus Spending Bill signed into law by President Biden on December 29 will enhance workplace...more
Booze, wage-hour, workers' comp . . . we have it all!
Can you believe that we haven't had a workplace holiday party quiz since 2015? It's true! That must mean it's time for a new one....more
The right to bore, and not to be bored.
These two cases are not from the U.S.A. But they have some good lessons for U.S. employers.
Case One: "C'est cool d'être ringard." (English translation: "It's hip to be square.") A...more
Employers, don't be too rigid about employee notice requirements.
Weird case from the U.S. Court of Appeals for the Sixth Circuit.
Imagine this: You're the HR manager at a manufacturing facility. An hourly employee has...more
Minimum wage, unions, right to work, and legal weed.
Apart from the "red tsunami" that turned into a "red trickle" (if that), there were measures on many state ballots that will affect employers. Here are the highlights:...more
Fictional, but based on a true story.
It was a dark and stormy night.
There I was, the second shift HR supervisor, trying to renew my annual subscription to SHRM during some down time. It was about 9:30 p.m.
"Your credit...more
Not if I have anything to say about it.
Is it bad to apologize at work?
Rachel Feintzeig of the Wall Street Journal had a column this week saying we -- especially women, but all of us -- need to quit saying we're "sorry"...more
This would be a great law school problem. But you non-geeks, feel free to join in, too! The following is a true story. A man went to pizza restaurant in Scranton, Pennsylvania, and ordered a stromboli worth a little more...more
So misunderstood!
NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more
9/16/2022
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
At-Will Employment ,
Discrimination ,
Documentation ,
Employer Liability Issues ,
Employment Contract ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Termination ,
Title VII ,
USERRA ,
Wage and Hour
Before the festivities begin, test your knowledge!
How much do you know about Labor Day? Take our quiz and find out! As always, the answers appear at the end of each question, so you can cheat all you want, and we'll never...more
Everybody's favorite subject.
Last week, Karla Miller -- the workplace advice columnist of The Washington Post -- had a fascinating letter with this problem:
The letter writer is the only female working on a floor with...more
Late summer odds and ends.
Catholic school guidance counselor supervisor is a "minister," court says. And therefore she can't sue the Archdiocese of Indianapolis for refusing to renew her contract after she entered into...more
Second of two on the FLSA.
NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second...more
7/15/2022
/ Department of Labor (DOL) ,
Executive Compensation ,
Fair Labor Standards Act (FLSA) ,
Fluctuating Workweek ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Salaried Employees ,
Sales Commissions ,
Wage and Hour ,
White-Collar Exemptions
Even though the court was right, this stinks.
Picture this. Your current employee is suing you for race discrimination. She's also 40 or older, but she hasn't claimed age discrimination....more