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BREAKING: Trump Nominates Peter Robb As NLRB General Counsel

Law360 just reported that President Trump, as expected, has nominated Peter Robb of Downs Rachlin Martin PLLC to be General Counsel for the National Labor Relations Board. If confirmed by the Senate, Mr. Robb will succeed...more

Employment Law Quiz: Bizarro Edition

See how you do with these guaranteed true news items from the last week, all relating to employment law. Then tell me whether you agree that we are living in some crazy times. YCMTSU.* *You Can’t Make This Stuff Up. (I...more

Second-Guessing The Advice Columns: Bad HR Practices Aren’t Necessarily Illegal.

It’s been a while since I’ve picked on an advice columnist for leading readers astray on employment law, but we have one, from the usually-sound Work Advice column by Karla Miller of The Washington Post. The letter writer...more

BREAKING: It’s Over! USDOL’s Overtime Appeal Is Dismissed

Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the unopposed motion of the U.S. Department of Labor to dismiss as moot the appeal in the “overtime case” of Nevada v. U.S. Department of Labor. The Fifth...more

Cheryl Stanton Nominated For Wage Hour Administrator

Bloomberg BNA reported Friday evening that President Trump has nominated Cheryl Stanton of South Carolina as Administrator of the Wage Hour Division of the U.S. Department of Labor. Ms. Stanton is currently executive director...more

For “Labor Day” (Get It?): Three pregnancy Cases From The EEOC

The month of August was not kind to the Equal Employment Opportunity Commission. The EEOC’s wellness regulations were shot down by a federal court in the District of Columbia, and earlier this week the agency was told that it...more

BREAKING: Obama OverTime Rule Is Struck Down

I’m reading the decision as we speak, and we’ll be back soon with analysis from our Wage and Hour gurus, Jim Coleman and Ellen Kearns. But meanwhile, here is the Opinion and Order from U.S. District Court Judge Amos Mazzant,...more

Too Cute To Work?

In New York, if you’re fired for being too cute, your boss may be guilty of gender discrimination. In a case where it sounds like we are hearing only half of the story, a yoga and massage therapist claimed that her...more

EEO-1 “Pay Data” Requirement Is On Hold

As we have reported previously, the Equal Employment Opportunity Commission was going to require employers of 100 or more employees (and federal contractors with 50 or more employees) to include compensation data with their...more

B&H Foto: From Lawsuit To $3 Million Consent Decree

In February 2016, the Office of Federal Contract Compliance Programs filed an administrative complaint against B&H Foto, the largest non-chain photo and video equipment store in the United States. The Complaint alleged that...more

BREAKING: EEO-1 “Pay Survey” Reporting Deadline Suspended

This just in, from Randel Johnson, Vice President of Labor, Immigration, and Employee Benefits at the U.S. Chamber of Commerce: Members of the Chamber’s Labor Relations and Employee Benefits Committees:- We have just...more

AARP’s Wellness Win Against The EEOC: The “Law Nerd” Version

(You’ve been warned.) As I reported Tuesday, a federal judge has ruled that the wellness regulations issued by the Equal Employment Opportunity Commission are invalid. Judge John D. Bates of the District of Columbia did...more

Is Robert Lee A Victim Of National Origin Discrimination?

Is it national origin discrimination for your employer to remove you from a work assignment because your name is the same as that of a long-deceased Anglo-American who is currently out of favor? Robert Lee, sports...more

Trump Reportedly Has Chosen His Nominee For NLRB General Counsel

Bloomberg BNA reported last night that President Trump plans to nominate management-side labor attorney Peter Robb to become General Counsel for the National Labor Relations Board, replacing Richard Griffin, whose term...more

Wow! Court Invalidates EEOC Wellness Rules

I’ve written about the AARP’s challenge to the wellness rules issued by the Equal Employment Opportunity Commission. Yesterday, the court granted the AARP’s motion for summary judgment and denied the EEOC’s motion....more

Before You Fire That Political Extremist . . .

If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are,...more

NC “Employee Classification” Law Warrants Caution But Doesn’t Change Substantive Law

On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31....more

Q And A On The Recent Controversy

On the recent uproar involving a major, major employer and its recently-terminated employee: No. 1. Is it a good idea to provide an “open forum” to employees if there are certain topics that are off limits? No. If you want...more

Employer Loses Defense To EEOC Suit Because It Didn’t Preserve Records

Just a quick reminder to employers to PRESERVE THEIR RECORDS when litigation is not only pending but also threatened. "If you wait until the sheriff serves you with a summons and complaint, you may have waited too long....more

Employer Beware: Bad “Optics” Create Hostile Work Environment?

Yesterday, I posted about a disability discrimination case that the employer did not really screw up. Even so, a few less-than-optimal moves resulted in an adverse jury verdict that was upheld on appeal. In Chapter 2 of...more

Bummer. NLRB Chairman Miscimarra Is leaving In December

Bloomberg BNA reported last night that Philip Miscimarra, Chairman of the National Labor Relations Board and a voice of reason, will be leaving when his term expires on December 16 of this year. Chairman Miscimarra said...more

8/8/2017  /  NLRB , Trump Administration

Employer Beware: When “Good” Isn’t Good Enough (Disability Bias)

Two court decisions came out last week that ought to scare the heck out of employers. Both involved employers who seem to have been aware of their legal obligations and tried to comply. The employers lost their cases...more

You Decide: Why The DOJ Says Title VII Does NOT Prohibit Sexual Orientation Bias

Last week, I had a short post about the position taken by the U.S. Department of Justice in the Zarda v. Altitude Express “gay skydiver” case. The DOJ has directly opposed the Equal Employment Opportunity Commission, which...more

Kaplan Confirmed To NLRB – We Now Have An “R-D” Tie

The U.S. Senate yesterday confirmed Marvin Kaplan’s appointment to the National Labor Relations Board, which means that there is now an equal number of Republicans and Democrats on the Board. William Emanuel, a...more

President Trump nominates Iraq Veteran Daniel Gade To EEOC Commissioner spot

President Trump has nominated Daniel M. Gade to the last vacant slot on the Equal Employment Opportunity Commission. Dr. Gade, who has a Master’s and Ph.D. in Public Administration and Public Policy, is a veteran of the...more

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