What could WDBJ7-TV have done to prevent Wednesday morning’s tragic on-air murders? Unfortunately, probably not a thing.
I’m a second-guesser, and I have spent much of the last 48 hours racking my brain about what the...more
1. Should you post anything on the internet that you wouldn’t want to see on the front page of the New York Times? “No” used to be standard advice, but that isn’t practical any more. I do online banking, but that doesn’t mean...more
After the initial NYT story ran, saying the workplace at Amazon is cutthroat — still uses “forced rankings” and even encourages employees to secretly bad-mouth each other to their bosses, has employees who break down in tears...more
Geoffrey Tolliver, a Medicaid eligibility specialist for the City, went out on a medical leave of absence for cancer in November 2013, and he passed away in December 2014. The City recently moved to terminate his employment...more
If you try to prevent or end workplace discrimination as part of your job, is it legal for your employer retaliate against you?
Inquiring HR professionals, in-house lawyers, and counselors want to know!...more
The U.S. Courts of Appeal hear appeals from federal district courts in their assigned states, or as otherwise specified below:
- First Circuit: Maine, Massachusetts, New Hampshire, and Rhode Island, and Puerto Rico....more
“An apple a day keeps the doctor lawyer away.” Here are five easy and inexpensive things that employers can do to minimize their risk of being sued and maximize their chances of victory if they do get sued. None of these...more
The Marchuk v. Faruqi law firm sexual harassment case has been “amicably resolved.” Now, what will we gossip about?...more
Employee sues her boss for sexual harassment. Case settles for $127,500, and she has to agree to confidentiality and non-disparagement....more
When President George H.W. Bush signed you into law in 1990, I had been practicing employment law for less than two years, so I feel like you and I grew up together....more
Well, this should be interesting. As I’ve reported before, the Equal Employment Opportunity Commission has sued a funeral home chain in the Detroit area for terminating Aimee Stephens, a transgendered woman, because she...more
Here’s a lesson: Don’t call your employee an “old fart,” especially if you think you may need to fire him someday.
And don’t call his co-workers “old farts” right before you fire the co-workers.
Large law firms and legal services vendors often hire stables of contract lawyers to do document review in big cases. Sometimes, the lawyers who do the review are actually reading and analyzing the documents in light of the...more
A good reminder for employers about maintaining cybersecurity comes from a recent Washington Post article (“This is why the government keeps getting hacked” by Jeffrey Neal) about the breach at the Office of Personnel...more
On Wednesday, I did a very short “breaking news” post on the new Interpretation issued by Wage and Hour Administrator David Weil on when workers are “employees” versus “independent contractors” under the Fair Labor Standards...more
According to the study, based on information gained through the PACER federal court electronic filing system, 68 percent of all lawyers appearing in the 2013 civil cases were men, and 32 percent were women. But 76 percent of...more
Law360 reported this morning that the U.S. Department of Labor issued a memorandum addressing the “independent contractor versus employee” issue, taking the position that most workers are actually employees within the meaning...more
It’s been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify....more
Last Thursday, the Equal Employment Opportunity Commission issued its amended guidance on pregnancy discrimination and accommodation in light of the U.S. Supreme Court decision in Young v. UPS, issued in March 2015. The...more
Seriously, I don’t think Friday’s Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers. The Supreme Court already decided in 2013 that the federal definition of “spouse” included same-sex...more
On Monday, a federal jury in Atlanta awarded two hourly warehouse workers $2.2 million in a lawsuit brought under the Genetic Information Nondiscrimination Act.
The controversy started when Atlas Logistics Group Retail...more
We asked attorneys writing on JD Supra to share with us their initial thoughts on the implications of the U.S. Supreme Court's Obergefell decision in favor of same-sex marriage equaliy, especially with the regard to the...more
The decision in Obergefell v. Hodges, hot off the press, is 103 pages long, but here it is. Some instant analysis:
*The due process and Equal Protection clauses of the 14th Amendment to the U.S. Constitution compel...more
As you know, I strongly disapprove of use of the “N” word in the workplace. I don’t think African-Americans should say it, and I really, really don’t think people who aren’t African-American should use it....more
It should be easy to avoid retaliation, right? Because retaliatory conduct is intentional – you can’t “accidentally” retaliate against someone. You can’t “negligently” seek payback....more