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Christmas Won’t Be Merry For These Employers!

Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas! ...more

12/22/2014 - ADA Adverse Employment Action Breach of Contract Discrimination Employer Liability Issues Harassment PDA Retaliation Wage and Hour

NLRB: Hot For The Holidays

The National Labor Relations Board is busy — the Board came out late last week with a decision saying that employees can have access to their employers’ email systems for organizing activities under most circumstances. ...more

12/17/2014 - Email NLRB Protected Concerted Activity Purple Communications Quickie Election Rules Union Elections Unions

Employment Law Advice You Should Never Follow

This is terrible advice on so many levels. First, an employee who doesn’t have even the relatively minimal income provided by unemployment is going to be that much more likely to sue you — as a matter of financial survival,...more

12/15/2014 - ADA Discipline Disparate Treatment Employer Liability Issues Reasonable Accommodation Title VII Unem Unemployment Benefits Zero Tolerance Policies

5 Legal Traps For The Wariest Employer

You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers...more

12/8/2014 - ADA Corporate Counsel Employer Liability Issues Federal Contractors FMLA Protected Concerted Activity Retaliation Right to Work Wage and Hour

EEOC Promises Guidance On Wellness Programs In February

Good news! The Equal Employment Opportunity Commission recently announced in its 2015 regulatory agenda that it will be issuing proposed regulations on the impact of the Americans with Disabilities Act and the Genetic...more

12/1/2014 - ADA Corporate Counsel EEOC Employer Liability Issues GINA New Guidance Popular Wellness Programs

A Few Workplace-Related Things We Can Be Thankful For

From a labor and employment law standpoint, I’m not sure we have a lot to be thankful for this year. But ’tis the season, so here are a paltry few...more

12/1/2014 - Black Friday Costco Holidays NBC Retailers Wal-Mart

“Weakest link” is no way to run your workplace

He was fired only 78 days later, and he hadn’t even had a chance to take over the show. His “listening tour” with employees, which began in September and was continuing when he was fired, is supposedly what did him in....more

11/24/2014 - Hiring & Firing Holiday Parties Holidays UAW Volkswagen

Happy Turkey Day from the OFCCP! (not)

Once again, the Office of Federal Contract Compliance Programs will ruin the holidays for thousands of federal contractors. The OFCCP announced last week that it plans to issue Courtesy Scheduling Announcement Letters, or...more

11/18/2014 - Federal Contractors OFCCP Scheduling Letters

Planning your workplace holiday party? Read this first!

And, as luck would have it, I presented a webinar on Wednesday with David Weisenfeld of XpertHR on “How to Make Your Workplace Holiday Party Sparkle — With No Legal Hangovers,” and got some great questions from the attendees....more

11/17/2014 - Corporate Counsel Employer Liability Issues Holiday Parties Wine & Alcohol

Will SCOTUS Review Same-Sex Marriage Now?

You may recall that in early October the U.S. Supreme Court declined to review decisions from U.S. Courts of Appeals for the Fourth, Seventh, and Tenth circuits* that struck down same-sex marriage bans....more

11/10/2014 - Appeals Same-Sex Marriage

Tuesday’s GOP “Shellacking” May Not Change Much For Employers

Tuesday night’s Republican rout in the midterm elections was big news, but is it much ado about nothing from an employer’s standpoint? Here are a few reasons not to become too giddy (if you were happy about the outcome) or...more

11/10/2014 - Election Results

Racial Talk At Work? Beware Of Reverse Discrimination.

When I do harassment training, I ask my audiences whether they think employers should ban the “N” word even when it’s used by African-Americans among themselves. In my experience, the African-Americans in the audience have...more

11/3/2014 - Discrimination Harassment Race Discrimination Racial Discrimination Training

BREAKING: EEOC Seeks Court Order To Halt Honeywell’s Biometric Testing

The Equal Employment Opportunity Commission filed a petition yesterday in federal court in Minnesota to stop Honeywell International, Inc., from requiring that employees (and spouses, if the employees have family health...more

10/29/2014 - Biometric Information EEOC Employer Group Health Plans Employer Liability Issues Enforcement Actions Honeywell International HSA Medical Examinations Preliminary Injunctions

LGBT Charges Are Rolling In, EEOC Commissioner Says

Chai Feldblum, a Commissioner of the U.S. Equal Employment Opportunity Commission, recently presented an update on the EEOC’s handling of charges alleging sexual orientation and gender identity discrimination....more

10/27/2014 - EEOC Employer Liability Issues Enforcement Gender Discrimination LGBT Sexual Orientation Discrimination Title VII

Halloween In The Workplace? Bah! Humbug!

Sure, and thank you for suggesting such a great topic for this time of year! There is very little from the courts on “Halloween in the workplace,” and for that we can all be grateful because it probably means that it doesn’t...more

10/27/2014 - Employer Liability Issues Holidays

Top 10 Technology Blunders for Employers

As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty...more

10/20/2014 - Cloud-Based Services Corporate Counsel Data Collection Data Protection EEOC Employer Liability Issues Employment Policies Facebook FTC Hiring & Firing Job Applicants Social Media Technology

Eggs in the workplace

Eggs – human eggs, aka ova – have been in the news this week. First, it was announced that Facebook and Apple will begin offering insurance coverage for female employees to freeze their eggs for later fertilization and...more

10/17/2014 - Apple Employee Benefits Employer Liability Issues Facebook Healthcare

A Reader Asks: “Is It Me, Or Has Job Interviewing Become Really Complicated?”

Last week, I wrote about the two situations in which an employer should ask an applicant about a disability or a religious belief or practice that might require reasonable accommodation. (As I emphasized last week, 99 percent...more

10/13/2014 - Corporate Counsel Disability Disability Discrimination Employer Liability Issues Hiring & Firing Job Applicants PDA Pregnancy Pregnancy Discrimination Reasonable Accommodation Religious Discrimination

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more

10/6/2014 - Abercrombie & Fitch ADA Disability Discrimination Discrimination EEOC Employer Liability Issues Hiring & Firing Job Applicants Religious Discrimination SCOTUS Screening Procedures

BREAKING: EEOC files first transgender suits against private employers

Bloomberg BNA reports this afternoon that the Equal Employment Opportunity Commission filed two transgender discrimination lawsuits yesterday, the agency’s first ever against private-sector employers. One is against a...more

9/29/2014 - Discrimination EEOC Employer Liability Issues Enforcement Actions Funeral Homes Healthcare Facilities Title VII Transgender

Employment Law Quiz: You Be The Judge!

Susan and her husband, who are white, are cleaning out their attic one weekend. They come across some quaint old clothes and sepia-tinted pictures, and among the treasures Susan finds an old yellowed ticket from 1920 to an...more

9/26/2014 - ADA Disability EEOC Employee Rights Employer Liability Issues Young Lawyers

The EEOC has been a busy bee this week. (It stings!)

The Equal Employment Opportunity Commission has been on a tear recently, suing employers right and left, and getting some “wins” including a couple of big settlements . . ....more

9/22/2014 - ADA Compliance Disability Disability Discrimination EEOC Employee Rights GINA Sexual Harassment

Off-Duty Domestic Violence — What’s An Employer To Do?

Sometimes your employee is the victim. If so, you may have someone who is distracted, scared, upset, or frequently absent because of physical injury or psychological trauma, or court appearances. She (or he – men can be...more

9/12/2014 - Corporate Counsel Domestic Violence EAP FMLA Popular

Employers, Don’t Commit These 5 Firing Faux Pas!

Do you think you have that employee termination all buttoned up, and no one will be able to challenge you? Defending that EEOC charge will be a slam dunk? No plaintiff’s lawyer in his right mind would represent your...more

9/5/2014 - EEOC Employee Rights Employer Liability Issues Hiring & Firing Termination

BREAKING: 6th Circuit Will Rehear Ford Telecommuting/Reasonable Accommodation Case

Law 360 reports this morning that the U.S. Court of Appeals for the Sixth Circuit has agreed to rehear the EEOC v. Ford Motor Co. case, which I reported on (and disagreed with) in April. The original decision, holding that...more

9/3/2014 - ADA Appeals EEOC Employer Liability Issues En Banc Review Ford Motor Popular Reasonable Accommodation Telecommuting

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