Laura Bartlow

Laura Bartlow

Zelle LLP

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Latest Publications


In Search of the Reasonable Person

Allegations of sexual harassment continue to attract media attention and commentary, including ours. As we review developments, we note that a wide variety of workplace behaviors are being challenged and scrutinized. ...more

3/11/2017 - Employer Liability Issues Harassment Hostile Environment Sexual Harassment

Focus on the FMLA: Part III

Today we come to the third and final post in our series about the Family and Medical Leave Act (FMLA). We’ve tried to address FMLA issues that, in our experience, pose particular challenges for employers. Over the past two...more

2/24/2017 - ADA Employee Benefits FMLA Reasonable Accommodation Title VII

Focus on the FMLA – Part II

Last week, we wrote about some of the Family and Medical Leave Act (FMLA) requirements that can be particularly challenging for employers. This week, we’re going to focus on an aspect of FMLA entitlement that causes employers...more

2/17/2017 - Employer Liability Issues Exempt-Employees FMLA Health Care Providers Non-Exempt Employees Paid Leave

OWBPA Basics

We have found that the Older Workers Benefit Protection Act (OWBPA) is a source of confusion and misunderstanding for some of our clients. Even experienced HR professionals and in-house counsel have questions about what it...more

2/6/2017 - ADEA Age Discrimination Hiring & Firing OWBPA

Understanding National Origin Discrimination – Part 2

Last week, we discussed the definition of national origin discrimination and the requirements imposed on employers by state and federal law. Today’s post provides examples of workplace issues involving workers’ national...more

1/23/2017 - Discrimination EEOC Employer Liability Issues National Origin National Origin Discrimination Race Discrimination

A Particular Challenge: Managing Mental Disability in the Workplace

Understanding disability discrimination and reasonable accommodation is a challenge for employers, and particularly for the in-house counsel and HR professionals who must manage disability issues in the workplace. As you...more

1/6/2017 - ADA Anti-Discrimination Policies Disability Discrimination EEOC Employment Discrimination Hiring & Firing Mental Health Reasonable Accommodation

2016: Year in Review

As 2016 comes to a close, there is understandable concern about and interest in changes to employment laws and regulations that may be initiated by a new federal administration. Although enforcement and regulatory priorities...more

12/23/2016 - ADA DOL EEOC FLSA FMLA GINA Minimum Wage Sexual Assault Sexual Harassment Wage and Hour

Noncompetition Agreements—An Update

Nearly two years ago, we wrote about noncompetition agreements in the wake of news that sandwich maker Jimmy John’s required low-level employees to agree to highly restrictive noncompetition clauses. Last week, Jimmy John’s...more

12/16/2016 - Employer Liability Issues Employment Contract Hiring & Firing Non-Compete Agreements Restrictive Covenants

Employment-Related Election Results

On Election Day, November 8, employment-related initiatives were voted on and passed by voters in a number of states. Minimum Wage - Voters in Arizona, Colorado, Maine, and Washington approved ballot measures to...more

11/28/2016 - Ballot Measures Decriminalization of Marijuana Marijuana Minimum Wage Paid Leave Paid Sick Leave Act Sick Leave Wage and Hour

What GCs Need to Know About EPLI

This is the fifth in our series of posts for general counsel and the HR professionals who support them. As we have noted previously, GCs are responsible for a lot but may not have time to become an expert on everything. These...more

11/17/2016 - Cybersecurity Data Breach Employee Liability Information Employer Liability Issues Human Resources Professionals Liability Insurance Notice Requirements

Title VII & Sexual Orientation: Update

Federal law does not explicitly prohibit discrimination in employment on the basis of sexual orientation, gender identity, or transgender status. Title VII of the Civil Rights Act of 1964 makes it an “unlawful employment...more

11/4/2016 - Anti-Discrimination Policies Civil Rights Act EEOC Equality Act Non-Disclosure Agreement Sex Discrimination Sexual Orientation Discrimination Title VII

Navigating Election Day 2016

November 8, 2016 is almost here—finally. There has been stress and controversy in the workplace this election season as a result of the unusually contentious and heated presidential election. Indeed, a recent American...more

10/28/2016 - Coerced Patronage Hillary Clinton Political Campaigns Political Candidates Presidential Elections Trump Administration Voting Leave Voting Rights

EEOC Announces Enforcement Priorities

On Monday, the EEOC announced its updated strategic enforcement plan for fiscal years 2017 through 2021. The updated plan contains the organization’s priorities and strategies for enforcing laws and regulations on equal...more

10/21/2016 - Anti-Discrimination Policies EEOC Enforcement Equal Opportunities Equal Pay Fair Pay and Safe Workplaces Hiring & Firing

Variations on the Theme of Sexual Harassment

We’ve written a lot about sexual harassment recently, as have other commentators. As the subject is discussed, it’s important to remember that sexual harassment can present itself in many ways. It doesn’t always involve a...more

10/17/2016 - EEOC Employer Liability Issues Harassment Sex Discrimination Sexual Harassment Title VII

Enforceable Promises

The very first item on our list of rules for employers is this: don’t make promises to your employees that you can’t or won’t keep. Employers’ promises include those set out in employment contracts, of course, but there are...more

10/7/2016 - Confidential Information Disclaimers Employee Handbooks Employment Contract Personally Identifiable Information

Harassment Investigation Techniques

In a recent post, we talked about how digital technology can provide a platform for sexual harassment in the workplace. Today, we want to focus on the investigation of complaints of sexual harassment, including a review of...more

9/23/2016 - Anti-Harassment Policies EEOC Employer Liability Issues Remedial Actions Sex Discrimination Sexual Harassment Workplace Investigations

Sexual Harassment Goes Digital

News of the $20 million settlement reached in the FOX News sexual harassment suit has us—and other commentators—thinking about the current wave of sexual harassment claims. Sexual harassment remains a significant and...more

9/12/2016 - EEOC Electronic Communications Employer Liability Issues Sexual Harassment

The Retaliation Problem

The Equal Employment Opportunity Commission just released new guidance on retaliation, updating guidelines last issued in 1998. Reviewing the new guidance reminded us of all the times that retaliation has become an issue...more

9/2/2016 - ADEA Adverse Employment Action Anti-Discrimination Policies Anti-Retaliation Provisions Discrimination EEOC Employer Liability Issues Employment Discrimination FLSA GINA New Guidance NLRA Retaliation

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