Workplace Sexual Assault and Third-Party Risk: What’s the Tea in L&E?
Work This Way: A Labor & Employment Law Podcast | Episode 44: Conducting Effective Workplace Investigations with Kimberly Hewitt and Antwan Lofton of Duke University
The Evolution of Equal Pay: Lessons From 9 to 5 — Hiring to Firing Podcast
Daily Compliance News: March 18, 2025, The Slack Channel Edition
Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast
Why the Increase in Demeaning Women Online Matters for Your Workplace: What's the Tea in L&E?
The New EEOC Guidelines on Workplace Harassment
What's the Tea in L&E? Supervisor Liability: What Managers Need To Know
DOL’s Expanded Overtime Salary Limits, EEOC’s Sexual Harassment Guidance, NY’s Mandatory Paid Prenatal Leave - Employment Law This Week®
What's the Tea in L&E? One Time Too Many: What is “Severe” Conduct?
Effective Harassment Trainings: Best Approaches With Insights from NCIS — Hiring to Firing Podcast
What's the Tea in L&E? Truth Hurts or Rumors? Lizzo’s Harassment Allegations Serve As A Good Reminder
Middle East Conflict Impact on the Healthcare Workplace: An HR Perspective
#WorkforceWednesday: Major Updates to New York State’s Model Sexual Harassment Prevention Policy - Employment Law This Week®
The Speak Out Act and Compliance Programs
#WorkforceWednesday: Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for California Employers, and SEC Releases Whistleblower Annual Report - Employment Law This Week®
Consensual With Consequences: Breaking Company Policies Without Breaking the Law
Burr Broadcast September 20, 2022
#WorkforceWednesday: Return-to-Work Behavior Policies, U.S. Soccer's Landmark Agreement, and Board Diversity in California - Employment Law This Week®
Hot Spots in Employment Law 2022
Recently, in a case titled Bivens v. Zep, Inc., the Sixth Circuit Court of Appeals ruled that an employer will only be liable for a customer's harassment of an employee when the employer intends for such harassment to occur....more
When is an employer legally responsible for harassment of its employee by one of its customers? A recent court decision may be a relief for employers in Kentucky, Michigan, Ohio, and Tennessee. Most courts ruling on the...more
An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more
Most employers understand their obligation to prevent discrimination and harassment at work, and the significant consequences that can come if such treatment is allowed to occur. But what if an employee alleges harassment not...more
The U.S. Court of Appeals for the Sixth Circuit recently held that an employer will be liable for a customer’s harassment of an employee only when it intends for such harassment to occur. ...more
On May 15, 2025, a Texas federal court issued a ruling that vacates portions of an Equal Employment Opportunity Commission (EEOC) harassment guidance that expanded the definition of sexual harassment under Title VII to...more
On May 15, a Texas federal court vacated portions of the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Harassment in the Workplace, concluding that the agency’s expanded interpretation of “sex”...more
Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more
Federal Agency Alleges Fast Food Companies Created Hostile Work Environment for Female Workers, Including Teens, and Fired Manager When She Reported Misconduct - DETROIT – Six related entities operating Taco Bell...more
In Title VII actions, plaintiffs have a limited amount of time to file a charge of discrimination (or a court can dismiss the case as untimely). In the case of Wells v. Texas Tech University, the timeliness dynamic was...more
Nothing catches people’s attention like a high-profile, drama-filled lawsuit. Not every employer will deal with a Blake Lively/Justin Baldoni-level feud, but discrimination and harassment lawsuits arise in all types of work...more
Dear Sarah, Two of my employees have started dating, and I’m worried it might affect their work or lead to complaints from others. Should we have a formal policy on workplace relationships? Are we even allowed to have such a...more
An anonymous whistle-blower reports sexual misconduct by the CEO and threatens to go to the media… In the post-MeToo era, organisations face significant challenges when sensitive workplace allegations and details of the...more
On January 16, 2025, then-NLRB General Counsel Abruzzo issued Memorandum GC 25-04, Harmonization of the NLRA and EEO Laws. The memo responds to criticism from employers that NLRB decisions issued under the Biden...more
All employees have a right to engage in concerted activity under the National Labor Relations Act (NLRA)—often called “protected concerted activity (PCA)”—meaning that even in a non-union environment, an employer cannot...more
The entertainment industry, often credited for sparking the cultural “#MeToo” movement, is yet again faced with allegations of sexual harassment, this time from “It Ends With Us” star Blake Lively. On December 31, 2024,...more
On March 3, 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) which precludes employers from requiring employees to arbitrate disputes related to sexual assault or...more
Resolves Federal Agency’s Charge of Sexual Harassment by Owner - CASPER, Wyo. – Waller’s Trucking Company, Inc., a family-owned Wyoming trucking company, will pay $124,000 and provide other relief to settle a sexual...more
Arizona employer cannot exclude settlement communications from former employee’s retaliation complaint - In Flores v. Rafi Law Group PLLC, the plaintiff accused her law firm employer of retaliating against her by (i)...more
In May 2024, two TD Bank entities (“TD Bank”) sued two former employees and their new employer Raymond James Financial Services, Inc. and one of its subsidiaries (together, “Raymond James”) in Connecticut federal court,...more
Federal Agency Alleges Applebee’s Franchise and Sports Facility Allowed Hostile Work Environment to Fester - WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) today filed lawsuits against two companies...more
Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the...more
Federal Agency Alleges Two Restaurants and an Airline Allowed Hostile Work Environments to Fester - WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of lawsuits alleging that discriminatory...more
The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more
Federal Investigation Found Transgender Construction Worker Faced Hostile Work Environment, Retaliation and Constructive Discharge - OAKLAND, Calif. – Fremont-based contractor Superior Automatic Sprinkler Company has...more