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Employment Law Believe It Or Not!

I thought only elephants had two-year pregnancies. As I’ve discussed here before, “pregnancy” for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical...more

7/11/2014 - Corporate Counsel Discrimination EEOC Employee Rights Employer Liability Issues Hiring & Firing Marijuana Pregnancy Discrimination Race Discrimination

And That’s All She Wrote (Why I write)

She gazed thoughtfully out the window. “That’s the problem. I don’t know,” she said. “So I guess I’ll have to keep blogging about employment law topics, with special emphasis on the Americans with Disabilities Act, sexual...more

7/8/2014 - Blogs Business Development Content Marketing

Six Reasons Why Hobby Lobby Does Not Spell “Doom” For Women

I was interviewed yesterday by Colin O’Keefe of LXBN-TV on the impact of the Supreme Court’s Hobby Lobby decision, and I did a “quick and dirty” post on the decision the day it was issued. Since that time, the decision has...more

7/3/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Employer Mandates Hobby Lobby Media Religious Freedom Restoration Act SCOTUS Social Networks

BREAKING: Supreme Court 5-4 Finds in Favor of Hobby Lobby

Burwell v. Hobby Lobby: Regulations issued by the U.S. Department of Health and Human Services under the Affordable Care Act required that employers provide coverage for 20 contraceptive methods approved by the Food and Drug...more

6/30/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Contraceptives FDA HHS Hobby Lobby Popular SCOTUS

Same-sex marriage and the FMLA: What you need to know

As most of you have heard by now, the U.S. Department of Labor has provided a “sneak preview” of a Notice of Proposed Rulemaking on the definition of “spouse” in the Family and Medical Leave Act. The proposed changes would...more

6/27/2014 - DOL DOMA Employee Rights Employer Liability Issues FMLA Rulemaking Process Same-Sex Marriage US v Windsor

ADA interactive process: A quiz for employers

What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive...more

6/20/2014 - ADA Disability Employer Liability Issues Hiring & Firing Interactive Process Reasonable Accommodation

Beware Of Employees Who Are Too Eager To Please

Legend has it that King Henry II of England, angry at his former friend Archbishop Thomas á Becket, vented, “Will no one rid me of this meddlesome priest?” Next thing you know, four of his knights went over to the Cathedral...more

6/17/2014 - Best Management Practices Employer Liability Issues Hiring & Firing

Sex at work: test your knowledge!

The correct answer is “NO, because the relationship is consensual, so no ‘harassment’ is involved.” People are always surprised at this answer, but the courts generally take the position that favoritism based on a consensual...more

5/30/2014 - Employer Liability Issues Harassment Sexual Harassment

Guidance On Employer Incentives For Wellness Participation Is On The Way, Says EEOC

Hallelujah! The Equal Employment Opportunity Commission announced this week that it plans to issue guidance on employers’ ability to offer incentives to employees based on their participation in wellness programs, or whether...more

5/30/2014 - EEOC Employee Benefits Incentive Compensation Popular Wellness Programs

Stupid “discrimination” complaints: How should an employer handle?

A reader, who has asked to remain anonymous, suggested that I write about employees who make “stupid” complaints about discrimination, harassment, or other allegedly unlawful treatment. The following is a fictionalized...more

5/27/2014 - Discrimination Employer Liability Issues

Employers Shouldn't Be Too Excited About That Pregnancy Decision . . . And More From The Price Is Right

Is this new UPS pregnancy discrimination decision really such great news for employers? HINT: Check the dates!!! The U.S. Court of Appeals for the Fourth Circuit* held this week that there is no "reasonable...more

1/14/2013 - ADA ADAAA Discrimination Pregnancy Reasonable Accommodation The Price is Right UPS

3 Employer Bummers: Veganism A "Religion," ADA Interactive Process Fails, And Costly Severance Mistake

A court says veganism might be a "religion" requiring accommodation, a school district gets nailed for failing to engage in the "interactive process" under the Americans with Disabilities Act, and yet another employer makes...more

1/4/2013 - ADA EEOC FMLA Hiring & Firing Reasonable Accommodation Religion Severance Pay Termination Veganism

Post-Apocalypse (Well, Post-Vacation, Anyway) Employment Law Roundup

Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on....more

1/3/2013 - Breastfeeding Discrimination DOL Email FLSA Hiring & Firing Marital Communications Privilege Melissa Nelson Nelson v Knight Sex Discrimination Termination

Holidays In The Workplace: Listen To Bad Santa, And Do Precisely The Opposite

We're already into the seventh day of Chanaukkah, and Christmas is only eight short shopping days away ("I've gotta get that football helmet!"), so it must be time for a post on how employers should handle the holidays in the...more

12/17/2012 - Ho Ho Ho Holiday Parties

Employers, don't let that "protected" employee hold you hostage.

Remember that Supreme Court decision involving alleged retaliation based on an oral complaint of violation of the Fair Labor Standards Act? The plaintiff in the case is now going to get a jury trial....more

12/10/2012 - FLSA Retaliation Termination

An Old-Fashioned, Labor And Employment Thanksgiving

Happy Thanksgiving, y'all! I know we have plenty to be miserable concerned about, but that is not my role today. Here, in no particular order, are five labor-and-employment-related things for which I am thankful. (Crabbiness...more

11/26/2012

Five Reasons Why Every Employer CAN Afford Harassment Training

In tough economic times, harassment training tends to be viewed as a luxury that can be gone without until things get better. I understand this thinking, but harassment training on a regular basis is never a "luxury."...more

11/19/2012

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