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Aziz Ansari, And 10 Old-Fashioned Ways To Bail On A Bad Date

Just say no! Of course, the Aziz Ansari "date debacle" (or whatever it was) was not a workplace harassment situation. First, Mr. Ansari and his anonymous date were not co-workers. Second, Mr. Ansari may have been...more

1/19/2018  /  Harassment , Sexual Harassment

Let's Talk About The HHS "Conscience" Protections For Healthcare Employees

Here's what employers need to know. Yesterday, the U.S. Department of Health and Human Services and its Office of Civil Rights announced that they would be enhancing the legal protections for healthcare workers with...more

It's Official: Trump Names John Ring For NLRB Vacancy

As we have expected, President Trump this week nominated John Ring, former law partner of former Board Chairman Philip Miscimarra, to fill the vacancy on the National Labor Relations Board that was created when Mr. Miscimarra...more

Career Outlook For 2018: What's Your Sign, Baby?

And here you were, reading the business news. Silly you. Astrologer and "astro-coach" Mecca Woods (Sagittarius Sun, Aquarius Moon, Leo Rising) tells us what we can expect on the career front in 2018 based on our...more

In Defense Of Confidentiality (Yes, Even In Harassment Cases)

The proposal to do away with confidentiality in sexual harassment settlements is likely to hurt victims at least as much as it exposes perps. One of the most talked-about proposals put forth since the recent sexual...more

Alleged Harasser Is A Victim Of -- ADA "Associational" Discrimination?

I do not think "associational discrimination" means what you think it means. Amber Bridges, a former employee of the Magistrate's Court in the City of Indianapolis, claims she was discharged because of her association with...more

Catching Up: New NLRB Chair, Starting Over, New Minimum Wages

I hope everyone's holidays were happy. While I was out . . . Marvin Kaplan is chairman of National Labor Relations Board. President Trump appointed Mr. Kaplan to become chairman, replacing Philip Miscimarra, who left the...more

A Visit From St. Nick, Esq.

My apologies to Clement Clarke Moore. Happy holidays! ‘Twas the holiday party, a break from the drudge, Not a creature was sober, not even a judge; The bar was well-tended, with liquor and wine, And all the employees...more

Court Vacates Parts Of EEOC Wellness Rules, Effective 1/1/19

You snooze, you lose, the court said. (In so many words.) Remember the AARP v. EEOC case? That's the one in which the AARP challenged the regulations of the Equal Employment Opportunity Commission addressing incentives for...more

You Gotta Quit Kickin' HR Around

This bustin' on HR is gettin' me down, You got to quit kickin' HR around. Human Resources professionals seem to be everybody's favorite scapegoat. The profession is under attack yet again -- this time for apparently...more

Hello, Goodbye

Welcome back to an old friend, and goodbye to one we wish we'd had longer. President Trump has reappointed Democrat Chai Feldblum to another term on the Equal Employment Opportunity Commission. Commissioner Feldblum was...more

12/15/2017  /  EEOC , NLRB , Trump Administration

SCOTUS Won't Review Sexual Orientation Bias Case

The issue of whether Title VII prohibits sexual orientation bias will have to be resolved another day. This week the U.S. Supreme Court denied a petition for writ of certiorari filed by the plaintiff in Evans v. Georgia...more

Bill Would Ban Arbitration In Sex Bias Cases -- Is That A Good Idea?

On Wednesday, Sens. Kirsten Gillebrand (D-NY) and Lindsey Graham (R-SC) introduced the Ending Forced Arbitration of Sexual Harassment Act. The legislation has bipartisan support, although it's not clear yet how much. ...more

Miss Manners Delicately Sidesteps Employment Law Faux Pas!

And did it with such grace! After all, she is Miss Manners. This is another installment in my unofficial series, "Second-guessing the advice columnists." My all-time favorite advice columnist is Miss Manners, who...more

Don't Believe Everything You Read.

A boss who grabs an employee's breasts without her consent is indeed guilty of sexual harassment. Two law professors co-wrote an article that appeared in yesterday's New York Times with the headline, "Boss Grab Your...more

WHAT NOW? The Sexual Harassment Scandals, And What Employers Can Do To Protect Themselves And Their Employees

Harvey Weinstein. Kevin Spacey. Charlie Rose. Louis C.K. Roy Moore. Al Franken. John Conyers. The list grows daily. Women and men are coming forward with allegations of sexual harassment and abuse, and some of the allegations...more

10 Things For Which This Employment Lawyer Is Thankful In 2017

What are you grateful for this year? Here is my list.- 1. The actual end of the Obama Administration's overtime and "Fair Pay and Safe Workplaces" rules. I was thankful last year that these two rules were on their last...more

Afraid You May Be A Sexual Harasser? Some Helpful Dos And Don'ts

So, you don't want to be a sexual harasser at work? Good for you! Follow these dos and don'ts, and you should be in great shape. An article in last Friday's New York Times indicated that in light of the ever-growing number...more

Three Hot Regulatory Issues For Employers To Watch

The feds are talking about NLRB-EEOC coordination, an end to collection of compensation data, and an inflation-indexed salary test for the overtime exemption. Here's the scoop. NLRB/EEOC coordination. The National Labor...more

Want To Pan Your Employer Online? Be Careful!

Your reviews of your employer may not be as anonymous as you think. The U.S. Court of Appeals for the Ninth Circuit has affirmed an order directing Glassdoor, Inc., to disclose information about eight individuals who...more

BREAKING: Peter Robb Confirmed As NLRB General Counsel

We have a new General Counsel at the National Labor Relations Board! Law360 reports this evening that the Senate has confirmed, on a party-line vote, Peter Robb as General Counsel of the NLRB. Mr. Robb succeeds Richard...more

11/9/2017  /  NLRB , NLRB General Counsel

#Metoo? Sure, But Not All Sexual Harassment Is Alike, And Not All workplaces Are Like Hollywood.

According to a Wall Street Journal/NBC News poll published this week, 48 percent of working women believed they had been victims of sexual harassment in the workplace. My reaction was, “Only 48 percent?” I would have...more

Reasonable Accommodation Quiz For Employers!

How much do you know about an employer’s reasonable accommodation obligations under the law(s)? Take this quiz and find out! Question 1: Which of the following federal employment laws require reasonable accommodation,...more

6 Ways Employers Sink Their Own Ships

It’s not always the employee’s fault when things go bad for an employer. Sometimes the employer has no one to blame but itself. Here are six of the most common ways employers sink their own ships....more

Eight Takes On Sexual Harassment And Harvey Weinstein

Words fail me. Let’s just say that I hope he is sincere about getting the help he needs to turn his life around. Which, among other things, should include trying to make some form of restitution to his alleged victims....more

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