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[Webinar] Employment Law in the Time of COVID: Furloughs, Sick Leave, Telecommuting, & More - September 24th, 12:00 pm - 1:00 pm...

This seminar will examine workplace legal issues in the context of the ongoing COVID pandemic. A general overview of the following topics—and how they operate during the current public health crisis--will be discussed:...more

CARES Act: Key Employment Provisions

The CARES Act, in addition to establishing a small-business loan program, provides enhanced unemployment benefits for employees hit hard by the COVID-19 emergency. The federal government will allocate funding for a variety of...more

Supervisor’s Racial Epithets Are “Hellish” Enough

A defendant-employer won summary judgment on a racially hostile environment claim. The district court reached back to old cases and said the employee-plaintiff had to show the work environment was “hellish” to be actionable....more

Escaping Trial On FLSA Overtime Claim As Difficult As An Alcatraz Jailbreak

On December 6, 2018, a federal district court in Maryland denied Defendants’ motion for summary judgment regarding an overtime claim, among others. Defendants, including a Maryland corporation providing medical care services...more

Terminating Employees For “Bad Faith” Harassment Complaints Fraught With Peril

In EEOC v. HP Pelzer Auto. Sys., the U.S. District Court denied the employer’s motion for summary judgment on a retaliation claim. The employer received a complaint that its HR manager had made two offensive, sex-related,...more

Facebooking Misappropriated Employer Form Is Not Protected Activity

On June 11, 2018, the National Labor Relations Board (Board) Division of Advice applied the Board’s new Boeing standard for assessing employer policies. The Division advised that an employer did not violate the NLRA when it...more

Through Good Times and Bad: Husband Has Retaliation Claim Based on Assisting Spouse’s Pregnancy Discrimination Claim

A federal district court in Kansas denied a car dealership’s motion for summary judgment regarding a former sales manager’s retaliation claims. Specifically, the sales manager contended that the company fired him because he...more

High Court Narrows Dodd-Frank “Whistleblowers”

The U.S. Supreme Court yesterday endorsed a narrow definition of the term “whistleblower” in the context of the Dodd-Frank Act. Specifically, the Court ruled in Digital Realty Trust Inc. v. Paul Somers that whistleblowers...more

EEOC Can’t Mess With Texas (Until Folks Have A Chance To Comment On Substantive Rule)

The U.S. District Court for the Northern District of Texas has enjoined the Equal Employment Opportunity Commission (EEOC) from enforcing its guidance on background checks against Texas. The guidance, Texas argued, directly...more

The More Things Change… The More They Stay The Same.

On January 5, 2018, the U.S. Department of Labor (DOL) reissued 17 previously withdrawn opinion letters addressing a wide variety of topics under the Fair Labor Standards Act (FLSA). Such letters respond to specific questions...more

Road to Lawsuit Paved with Good Intentions

A federal district court in Alabama recently denied summary judgment to an employer in a Title VII pregnancy discrimination claim. The employee, a pregnant nurse working at a home for intellectually disabled individuals, was...more

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