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The U.S. Department of Labor announced today that it has withdrawn informal guidance issued by the Obama Administration related to independent contractors and joint employment.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

HR’s Hottest Must-Have: Universal Workplace Emoji!

An article in Monday’s New York Post discussed misunderstandings that can arise in the workplace based on use of “chat” apps and their associated emoji. A woman interviewed for the article said that she had messaged her...more

“Ask Amy,” Part Deux: Amy Gets The Message

I recently complained that Amy Dickson, author of the “Ask Amy” syndicated advice column, had given some poor (or at least premature) employment law advice to a reader. Apparently, a number of her readers expressed similar...more

6 Timekeeping Practices That Reduce Your Risk Of Wage-Hour Liability

Last week, I wrote about a study describing how certain timekeeping systems could create wage and hour liability through, among other things, making it easy to “cheat” and providing no transparency when changes are made....more

Trump names Miscimarra Chairman of the NLRB (no more of this “Acting” stuff!)

According to Politico‘s “Morning Shift,” President Trump on Friday night promoted Philip Miscimarra from Acting Chairman to plain old Chairman of the National Labor Relations Board. Congratulations, Chairman!...more

4/24/2017  /  NLRB , Trump Administration

Is Your Timekeeping System Creating Wage-Hour Liability?

Does your timekeeping software make it harder for you to comply with wage and hour laws — and to defend yourself in a wage and hour lawsuit? A study recently published in the Yale Journal of Law and Technology says that...more

Don’t “Ask Amy”!*

*For employment law advice. Amy Dickson of the syndicated advice column “Ask Amy” is someone I read daily and agree with maybe 50 percent of the time. On most of the matters on which we disagree, she is probably right...more

“Comp Time” For Private Sector Employees: What’s Not To Like?

House and Senate Republicans have introduced legislation — the Working Families Flexibility Act of 2017 — that would amend the Fair Labor Standards Act to allow private sector employers to provide “comp time” to employees in...more

Employers, Spike Those “High Heels” Dress Code Requirements!

British Columbia has recently amended its health and safety law to prohibit employers from requiring employees to wear high heels to work. Maybe this isn’t too big a deal in an office environment, but there are some...more

4/13/2017  /  Canada , Dress Codes , Workplace Safety

“The Bermuda Triangle” ADA-FMLA-Workers’ Comp Quiz

(DEAR READERS: I know that using “Bermuda Triangle” to refer to issues involving the Americans with Disabilities Act, the Family and Medical Leave Act, and workers’ compensation is corny, trite, stale, and overdone. But I’m...more

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