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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

The ADA: Four Issues To Watch In 2018

Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you...more

Title VII Does Not Ban Gender Identity Discrimination, DOJ Says

Asserting that the U.S. Department of Justice “must interpret Title VII as written by Congress,” the DOJ is reversing the Obama-era interpretation of Title VII, taking the position that Title VII does not prohibit...more

Catholic Priest Is (Allegedly) An Equal Opportunity Offender, Court Says, Dismissing Bias Suit

Father, you kiss your mother with that mouth? The recent dismissal of a lawsuit in New York — involving a priest who is principal at a Catholic high school — illustrates why an (alleged) “equal opportunity offender” is...more

"Overqualified,” Or Just Too Old?

Last week, I received a scathing comment from Dale Kleber, a Chicago-area lawyer and a plaintiff in an age discrimination lawsuit. Mr. Kleber did not like my gut reaction to his lawsuit, which was based on an article that I’d...more

Emanuel Confirmed To NLRB, And GOP Now In The Majority

Management-side labor attorney William Emanuel was confirmed by the Senate today as a Member of the National Labor Relations Board. Mr. Emanuel’s confirmation gives the Republicans a 3-2 majority on the Board....more

Trump’s EEOC Nominations Are Rocking Along – And Here’s What We Can Expect

With President Trump in office for nine months now, it is hard to believe that none of his people are yet on the Equal Employment Opportunity Commission. The four current Commissioners, including the Acting Chair, Republican...more

Employers, I’m On Your Side — So Watch Out! ;-)

At a client seminar that my office presented during the very contentious 2016 campaign season, my law partner John Doyle delivered an introductory disclaimer. Although I may not have his words verbatim, I will never forget...more

BREAKING: Trump Nominates Peter Robb As NLRB General Counsel

Law360 just reported that President Trump, as expected, has nominated Peter Robb of Downs Rachlin Martin PLLC to be General Counsel for the National Labor Relations Board. If confirmed by the Senate, Mr. Robb will succeed...more

Employment Law Quiz: Bizarro Edition

See how you do with these guaranteed true news items from the last week, all relating to employment law. Then tell me whether you agree that we are living in some crazy times. YCMTSU.* *You Can’t Make This Stuff Up. (I...more

Second-Guessing The Advice Columns: Bad HR Practices Aren’t Necessarily Illegal.

It’s been a while since I’ve picked on an advice columnist for leading readers astray on employment law, but we have one, from the usually-sound Work Advice column by Karla Miller of The Washington Post. The letter writer...more

BREAKING: It’s Over! USDOL’s Overtime Appeal Is Dismissed

Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the unopposed motion of the U.S. Department of Labor to dismiss as moot the appeal in the “overtime case” of Nevada v. U.S. Department of Labor. The Fifth...more

Cheryl Stanton Nominated For Wage Hour Administrator

Bloomberg BNA reported Friday evening that President Trump has nominated Cheryl Stanton of South Carolina as Administrator of the Wage Hour Division of the U.S. Department of Labor. Ms. Stanton is currently executive director...more

For “Labor Day” (Get It?): Three pregnancy Cases From The EEOC

The month of August was not kind to the Equal Employment Opportunity Commission. The EEOC’s wellness regulations were shot down by a federal court in the District of Columbia, and earlier this week the agency was told that it...more

BREAKING: Obama OverTime Rule Is Struck Down

I’m reading the decision as we speak, and we’ll be back soon with analysis from our Wage and Hour gurus, Jim Coleman and Ellen Kearns. But meanwhile, here is the Opinion and Order from U.S. District Court Judge Amos Mazzant,...more

Too Cute To Work?

In New York, if you’re fired for being too cute, your boss may be guilty of gender discrimination. In a case where it sounds like we are hearing only half of the story, a yoga and massage therapist claimed that her...more

EEO-1 “Pay Data” Requirement Is On Hold

As we have reported previously, the Equal Employment Opportunity Commission was going to require employers of 100 or more employees (and federal contractors with 50 or more employees) to include compensation data with their...more

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