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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

The Deep Dive: A Closer Look At The Seventh Circuit’s Sexual Orientation Decision

As we reported early this morning, the full U.S. Court of Appeals for the Seventh Circuit decided in Hively v. Ivy Tech Community College of Indiana that the prohibition in Title VII against discrimination based on “sex”...more

BREAKING: Title VII Bans Sexual Orientation Bias, Court Finds

The full U.S. Court of Appeals for the Seventh Circuit ruled yesterday that sexual orientation discrimination is indeed prohibited “sex discrimination” within the meaning of Title The decision was issued in the case of...more

10 habits of highly effective HR professionals (April Fool’s edition)

DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow’s date. Habit 1: Discriminate, retaliate, harass — have a ball! There’s a new sheriff in town, with a more employer-friendly,...more

Trumpdate: Labor nominee Acosta gets through HELP Committee, Dems support Gorsuch

Two big developments of interest to employers: The Senate Heath, Education, Labor and Pensions Committee approved the nomination of Alex Acosta, President Trump’s nominee for Secretary of Labor, in a 12-11 straight...more

North Carolina’s HB 2 is history

The North Carolina General Assembly voted today to repeal the infamous HB 2 “bathroom law,” and Governor Roy Cooper has signed the repeal into law. The law is very short. It repeals HB 2 and provides that local governments,...more

“The freezing trucker” and Gorsuch’s heart of ice: A micro-fiction

It was a bleak and frigid night on I-88 somewhere in northern Illinois. The icy wind whipped across the flatlands, grazing the endless rows of white, brittle remains of lastScreen Shot 2017-03-23 at 6.09.47 PM year’s corn...more

It’s OFCCP Audit Time! Six Questions Contractors Should Ask Themselves

Starting February 17, the Office of Federal Contract Compliance Programs began mailing Corporate Scheduling Announcement Letters to approximately 800 contractor establishments. CSALs are notices sent to contractors advising...more

“Free To Be . . . You And Me”: The 11th Circuit’s Strange LGBT Decision

This latest decision from the U.S. Court of Appeals for the Eleventh Circuit on sexual orientation discrimination is weird. A panel of the court found 2-1 in Evans v. Georgia Regional Hospital that the plaintiff did not have...more

“HR Horribles” — Collect ’em all!

Remember the Garbage Pail Kids from the ’80s? I have had an inspiration that will make my fortune! I’m going to create a set of collectible “HR Horribles”™ trading cards, representing the employees who make Human Resources...more

Trumpdate: Beware the Ides of March!

Two Trumpian developments of interest to employers will occur on March 15, next Wednesday: Alex Acosta’s confirmation hearing is scheduled to take place that day. Mr. Acosta is President Trump’s nominee for Secretary of...more

EEOC Asks Court To Throw Out Wellness Lawsuit Filed By AARP

I’ve written about the lawsuit filed by the AARP against the U.S. Equal Employment Opportunity Commission, seeking to invalidate the EEOC regulations relating to wellness programs and the Americans with Disabilities Act and...more

3/3/2017  /  AARP , ADA , EEOC , GINA , Wellness Programs

Is Siri A Victim And A Cause Of Sexual Harassment?

The next time employers offer sexual harassment training, they might want to require employees to bring their mobile devices. According to Leah Fessler, virtual assistants Siri (Apple), Alexa (Amazon), Cortana...more

Trumpdate: What’s in Ivanka’s “paid family leave” plan?

President Trump’s address to Congress last night didn’t have much on labor and employment issues, apart from the creation of jobs (which is no small thing and would be awesome if it pans out). But he did mention “paid...more

Queen For A Day: If I Ran The World, Would I Scrap Our Employment Laws?

For those of you who don’t know Mr. Olson, he’s a libertarian. :-) I have to admit, I needed time to process this! I complain about these laws all the time, but would I really want to get rid of all protections for...more

Trumpdate: Tons of employment-related stuff!

The employment law week in Trumpland started out a little slow, but now we’re back in business. Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good...more

That Smarts! Porn “Sting” Operation Gets Employer “Stung” For Retaliation

This should have been an open-and-shut case. For the employer, that is, not the employee. Lufkin Industries, Inc., had an employee, William Fisher, who was a 55-year-old African-American. One day, Mr. Fisher got into a...more

Presenting The New Nominee For Secretary Of Labor: Alexander Acosta

President Trump’s new nominee for Secretary of Labor is R. Alexander Acosta, dean of the law school of Florida International University in Miami. Before he became a law school dean, Mr. Acosta’s experience included heading...more

BREAKING: Puzder expected to withdraw!

Bloomberg BNA reports this afternoon that Andrew Puzder, President Trump’s nominee for Secretary of Labor, IS going to withdraw from consideration. Please stay tuned! UPDATE (4:12 p.m. EST): It’s now official....more

Trumpdate: What Do You Think About Andrew Puzder And His “Scandals”?

The confirmation hearing for Andrew Puzder, President Trump’s nominee for Secretary of Labor, is supposed to take place tomorrow. While we wait to see what happens, I thought it might be fun to open a comment thread so we can...more

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