Latest Publications

Share:

“Not My Employee, Not My Problem.” Oh, Yeah?

Employers, has this ever happened to you? A guy (we’ll call him “Ryan”) comes to work for you through a temporary agency. The agency issues the paychecks and generally acts as Ryan’s “HR” representative. Your company pays...more

NLRB Nominees Kaplan, Emanuel Advance To Senate Vote

Marvin Kaplan and William Emanuel, President Trump’s nominees to fill the two vacant seats on the National Labor Relations Board, cleared another hurdle Wednesday by making it out of the Senate Health, Education, Labor and...more

Hate Those EEOC Regs? Here’s Your Big Chance!

In February, President Trump issued Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” which directs federal agencies to establish regulatory reform task forces to make recommendations about repealing,...more

For The ADEA’s 50th Birthday: An Age Discrimination Quiz

The Age Discrimination in Employment Act recently celebrated its 50th birthday (it doesn’t look a day over 49). This calls for an age discrimination quiz!...more

Senate Hearing On Labor And Employment Nominees Set For Today — But Will It Happen?

The Senate is scheduled to hold a “combined” confirmation hearing starting at 9:30 a.m. Eastern today on three Trump nominees for labor-and-employment-related positions: Marvin Kaplan and William Emanuel, both of whom have...more

Are You A Harassment “Daredevil”? Here Are 5 Behaviors That Put You At Risk.

Not every obnoxious workplace behavior is unlawful harassment. To violate federal law, the harassment has to be unwelcome, based on a “protected category” (for example, sex or race), and “severe or pervasive.” But most...more

Well, That’s Weird. Trump DOL Will Pursue Appeal Of Overtime Decision

The U.S. Department of Labor submitted its brief today in Nevada v. U.S. Department of Labor, the case involving the challenge to the Obama Administration’s overtime rule. Some very quick background: The overtime rule,...more

Trump Nominates Janet Dhillon To Head EEOC

Janet Dhillon, general counsel and corporate secretary for Burlington Stores, Inc., has been nominated by President Trump to fill a vacant seat on the Equal Employment Opportunity Commission and to become its Chair. If...more

Litigation Tactics Can Be FLSA Retaliation? Wow.

Can an outside attorney defending an employer in a lawsuit under the Fair Labor Standards Act be liable for retaliation against the plaintiff-employee based on litigation tactics? One court answered that question “yes” last...more

It’s SUMMER! Top 4 Ways Employers Can Get Burned

We officially entered the season of summer this week. What are the most common ways employers can get burned? I can think of four right off the bat. Sexist air conditioning. It seems like a long time since we’ve read...more

In Honor Of Father’s Day, A Look At Paid Parental Leave

Happy Father’s Day to all of our readers who are dads, who have dads, or who love one or more dads. As most of our readers know, there has been a movement — for which most of the credit goes to Ivanka Trump — to get some...more

Satanic Band Is The Diet Coke Of Evil, Employment Lawsuit Shows

Just one calorie – not evil enough. Satanic heavy-metal band Ghost is at risk of having its “evil mystique” ruined by some mundane employment-related disputes with former members of the band, according to an article in The...more

Can You Fire An Employee For Off-Duty Misconduct? You Betcha!

Every now and then, I am told that it’s unfair for employers to take action against employees misbehave off duty. “No it isn’t,” I reply. Although I wouldn’t recommend firing everybody who gets in trouble away from work...more

U.S. Department Of Labor Withdraws Obama Guidance On Independent Contractors, Joint Employment

The U.S. Department of Labor announced today that it has withdrawn informal guidance issued by the Obama Administration related to independent contractors and joint employment. The guidance on independent contractors was...more

Gender Dysphoria: Is It An ADA-Protected Disability?

As our readers know, discrimination against transgender individuals is often treated as sex discrimination under Title VII, as a form of unlawful “sex stereotyping.” But is it also a “disability” within the meaning of...more

Second-Guessing The Advice Columns On Workplace Law — Again!

I’m going to have to make this a regular series. A few weeks ago, I posted about an “Ask Amy” column involving a bullying boss, which I thought had really poor employment law advice. (To her credit, Amy posted not one,...more

After The Investigation: Now what?

Last week, we talked about employment investigations. This week, I’d like to talk about what employers do with the information they gathered during the investigation. There are two main tasks: No. 1: Figure out what...more

BREAKING: Full Second Circuit To Reconsider Whether Title VII Prohibits Sexual Orientation Bias

The U.S. Court of Appeals for the Second Circuit (Connecticut, New York, and Vermont) agreed yesterday to rehear en banc an appeal from the estate of a gay skydiving instructor who alleged he was fired after a customer...more

Trumpdate: Proposed Budget Shows “Yuuuge” Changes Afoot In Labor And Employment Arena

Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a...more

Killjoys Reject One-Hour “Sex Break” Proposal

The town council of Overtornea, Sweden, recently rejected a proposal to give workers one-hour paid sex breaks. According to The New York Times, the council member who made the proposal believed it would help raise the town’s...more

Proposed Merger Of EEOC, OFCCP Faces Opposition From Both Sides

Last week, I wrote about a report in Bloomberg BNA that the Trump Administration was thinking about letting the Equal Employment Opportunity Commission “absorb” the Office of Federal Contract Compliance Programs. The idea had...more

9 Traits Of A Bang-Up Workplace Investigation

What makes a workplace investigation so good that you just can’t wait to show the EEOC investigator what you did? And you’re like, “Plaintiff’s lawyer, take us to court — please!”...more

Mother’s Day Employment Law Quiz! Pregnancy, Lactation, You Name It!

Happy Mother’s Day weekend to all of you who are, or who have, mothers. (I think that covers everybody.) I couldn’t think of a better way to start this weekend than with a quiz on pregnancy discrimination, lactation...more

Trumpdate: NLRB Finalists, EEOC To Swallow Up OFCCP?

NLRB candidates being vetted. Bloomberg BNA reported last night that President Trump has settled on two candidates to fill the two vacant seats on the National Labor Relations Board. One is William Emanuel, a shareholder in...more

Comp Time Bill Passes The House

The Working Families Flexibility Act of 2017 passed the House this week, 229-197. I honestly do not understand why Democrats are opposed to this legislation. I discussed the details of the bill in this post in April....more

363 Results
/
View per page
Page: of 15

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.