When you may be able to say no.
Generally, I favor letting employees work from home whenever possible and practical.
My favorable disposition toward remote work goes double for an employee who needs to work from home as a...more
5/15/2026
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Best Practices ,
Disability Discrimination ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Failure to Accommodate ,
Federal Contractors ,
Reasonable Accommodation ,
Remote Working ,
Risk Management
Happy Mothers’ Day weekend to all, including you dads and kids!
How much do you know about moms’ rights in the workplace in the current era? Take our quiz and find out! As always, the answers will appear at the end of each...more
5/8/2026
/ Employee Rights ,
Employer Responsibilities ,
Employment Discrimination ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Lactation Accommodation ,
Non-Exempt Employees ,
Pregnancy Discrimination ,
Pregnancy Discrimination Act (PDA) ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Title VII ,
Wage and Hour
Employers, if you make a mistake, your good intentions mean nothing.
I’ve written a lot about the “good-faith mistaken belief” defense to discrimination and retaliation claims. This example should give you a general idea...more
4/27/2026
/ Best Practices ,
Compliance ,
Employee Rights ,
Employer Responsibilities ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Health Insurance ,
Human Resources Professionals ,
Interference Claims ,
Motion for Summary Judgment ,
Notice Requirements ,
Paid Time Off (PTO) ,
Regulatory Requirements ,
Retaliation ,
Risk Management ,
Statutory Interpretation ,
Summary Judgment
The rule would apply to the FLSA, the FMLA, and the Migrant and Seasonal Agricultural Worker Protection Act.
The U.S. Department of Labor released today a preview of proposed regulations on joint employers under the Fair...more
4/22/2026
/ Appellate Courts ,
Compliance ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Regulatory Reform ,
Wage and Hour
Lori Chavez-DeRemer is head of Labor no more.
President Trump's Secretary of Labor, Lori Chavez-DeRemer, has resigned. Keith Sonderling, who was Deputy Secretary of Labor, will be Acting Secretary....more
4/21/2026
/ Administrative Appointments ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Government Agencies ,
Labor Reform ,
Labor Relations ,
New Legislation ,
Political Appointments ,
Proposed Legislation ,
Secretary of Labor ,
Trump Administration ,
Unions ,
Wage and Hour
With 3 good lessons for the rest of us.
Win No. 1: Weakest reasonable accommodation case ever?
Probably not, alas, but it was still pretty darned weak. An employee of U.S. Customs and Border Patrol (we’ll call her...more
4/17/2026
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Customs and Border Protection ,
Disability Discrimination ,
Employment Discrimination ,
Employment Litigation ,
Federal Contractors ,
Federal Employees ,
Government Agencies ,
Interactive Process ,
Medical Examinations ,
Motion for Summary Judgment ,
Reasonable Accommodation ,
Rehabilitation Act ,
Summary Judgment ,
Telecommuting ,
Undue Hardship
Bless its heart.
Even though I represent employers, I am not a big fan of the motion to dismiss for failure to state a claim, also known as the Rule 12(b)(6) motion.
A 12(b)(6) motion is usually filed at the very...more
4/10/2026
/ Constructive Discharge ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Litigation ,
Failure To State A Claim ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Harassment ,
Hostile Environment ,
Litigation Strategies ,
Motion to Dismiss ,
Pleading Standards ,
Sexual Harassment ,
Title VII ,
Twombly/Iqbal Pleading Standard
These are nothing short of miraculous.
I recently posted about 10 “easy” steps to considering and making reasonable accommodations for disabilities, pregnancy, and pregnancy-related conditions. Before I move off the...more
4/2/2026
/ Anti-Discrimination Policies ,
Best Practices ,
Documentation ,
Employee Rights ,
Employees ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Failure to Accommodate ,
Human Resources Professionals ,
Interactive Process ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
Title VII ,
Undue Hardship
"Easy" may be an exaggeration, but these aren't too bad.
Back in November, I had a post with tips for employers about reasonable accommodation of disabilities, pregnancy and lactation, and religion. Kind of “big...more
3/20/2026
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Compliance ,
Disability Discrimination ,
Employee Rights ,
Employees ,
Employer Responsibilities ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Human Resources Professionals ,
Interactive Process ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnancy Discrimination Act (PDA) ,
Reasonable Accommodation
Older Workers Benefit Protection Act to the rescue! In a race-sex-retaliation case.
Years ago, I used to whine about the federal Older Workers Benefit Protection Act, which imposes specific requirements on employers...more
3/13/2026
/ ADEA ,
Age Discrimination ,
Appeals ,
Appellate Courts ,
Compliance ,
Contract Terms ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Harassment ,
Motion to Dismiss ,
OWBPA ,
Race Discrimination ,
Release Agreements ,
Retaliation ,
Severance Agreements ,
Severance Pay ,
Sex Discrimination ,
Termination ,
Waiver of Rights
Employers, has this ever happened to you?
You issue some nice, high-quality equipment to your employee. Top-of-the-line, state-of-the-art computer that the employee can use at home, maybe even a car.
At some point,...more
3/6/2026
/ Asset Recovery ,
At-Will Contracts ,
Best Practices ,
Business Litigation ,
Contract Terms ,
Dispute Resolution ,
Employer Responsibilities ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
Remote Working ,
Risk Management ,
Separation Agreement ,
Severance Agreements ,
Summary Judgment ,
Termination ,
Wage and Hour ,
Wage Deductions
"What in the world is going on?" The U.S. Department of Labor has issued proposed regulations on who is an "independent contractor" for purposes of the federal Fair Labor Standards Act, the Family and Medical Leave Act, and...more
2/27/2026
/ Biden Administration ,
Comment Period ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Independent Contractors ,
Joint Employers ,
NLRB ,
Proposed Rules ,
Trump Administration ,
Wage and Hour
Take Dear Abby's employment law advice with a grain of salt.
I used to regularly post here on what the advice columnists in the media were saying in response to questions about workplace situations. It looks like my last...more
2/20/2026
/ Anti-Harassment Policies ,
Best Practices ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Harassment ,
Human Resources Professionals ,
Internal Reporting ,
Non-Employees ,
Reporting Requirements ,
Sexual Harassment ,
Third-Party Harassment ,
Workplace Harassment Guidance
But, then, don't we make our own luck?
Happy Friday the 13th, aka Valentine’s Day Eve.
I don't love what this employer did, so I'm going with Friday the 13th.
A legal assistant in Santa Fe, New Mexico, who was...more
2/13/2026
/ At-Will Contracts ,
Bad Faith ,
Breach of Contract ,
Contract Drafting ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Pregnancy Discrimination ,
Risk Management ,
Separation Agreement ,
Severance Agreements ,
Severance Pay ,
Wage and Hour
Easiest to-do list ever!
As I reported recently, the U.S. Equal Employment Opportunity Commission has rescinded a detailed harassment guidance document issued during the Biden Administration. As a result, many employers...more
2/6/2026
/ Ames v Ohio Department of Youth Services ,
Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Employee Training ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Harassment ,
LGBTQ ,
Reasonable Accommodation ,
Religious Accommodation ,
Reverse Discrimination ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On Monday, a federal judge refused to dismiss a lawsuit alleging age and "reverse" race discrimination. The plaintiff is white and in his late 40s, and he lost out on a promotion to a Black male in his 20s....more
1/30/2026
/ ADEA ,
Age Discrimination ,
Civil Rights Act ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Job Promotions ,
Race Discrimination ,
Reverse Discrimination ,
Title VII
Are you kidding me?
Dear Readers, here is an ADA quiz. I’m not sure you’ll be able to handle it. It’s really, really hard.
Your employee discloses that she has ovarian cancer that has metastasized to her liver. She...more
1/23/2026
/ ADAAA ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Discovery ,
Employee Rights ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Failure To State A Claim ,
Hiring & Firing ,
Litigation Strategies ,
Motion to Dismiss ,
Reasonable Accommodation ,
Statutory Interpretation ,
Summary Judgment
Even if you read them at the time, you’ll want to read them again.
In 2025, organizations faced significant developments in the areas of immigration, workplace policies, federal enforcement, and data privacy. ...more
1/22/2026
/ Affirmative Action ,
Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Artificial Intelligence ,
Data Privacy ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Executive Orders ,
Foreign Workers ,
Fraternization Policies ,
Immigration Procedures ,
Labor Relations ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
Reverse Discrimination ,
State Data Privacy Laws ,
State Privacy Laws ,
Temporary Protected Status ,
UK ,
Wage and Hour
Bloomberg Law has just reported that the U.S. Equal Employment Opportunity Commission voted to rescind guidance on transgender discrimination that was issued during the Biden Administration. As I reported on Friday, the EEOC...more
The feds are hopping!
I’ll keep this short so you can get to your long weekend. There have been four hot developments in employment law. Here’s the scoop:
No. 1: "Are you or a loved one a white male? Call now for a...more
1/16/2026
/ Appeals ,
Appellate Courts ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Investigations ,
New Guidance ,
OCR ,
Pregnant Workers Fairness Act ,
Quorum ,
Reverse Discrimination ,
Transgender ,
Trump Administration ,
Workplace Harassment Guidance
On December 29*, the U.S. Equal Employment Opportunity Commission submitted a request to the Office of Management and Budget to rescind harassment Guidance that was issued in April 2024, during the Biden Administration. This...more
1/9/2026
/ Abortion ,
Anti-Harassment Policies ,
Biden Administration ,
Bostock v Clayton County Georgia ,
Employee Training ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Guidance Documents ,
Harassment ,
Pregnancy Discrimination ,
Rescission ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Workplace Harassment Guidance
What is it with universities in "M" states these days?
Last week, it was the University of Michigan. Now, it’s the University of Mississippi.
A federal judge in Mississippi ruled recently that a race discrimination...more
12/23/2025
/ Adverse Employment Action ,
Civil Rights Act ,
Corporate Counsel ,
Discrimination ,
Educational Institutions ,
Employment Discrimination ,
Employment Litigation ,
Former Employee ,
Hiring & Firing ,
Jury Trial ,
Race Discrimination ,
Summary Judgment ,
Title VII ,
Universities ,
Wrongful Termination
Foul, man, foul.
The facts keep trickling out about Sherrone Moore, former head football coach for the University of Michigan, and his relationship with his executive assistant. (The assistant’s name has been disclosed...more
12/19/2025
/ Anti-Fraternization Policies ,
Disclosure Requirements ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Employment Policies ,
Hiring & Firing ,
Hostile Environment ,
Human Resources Professionals ,
Investigations ,
NCAA ,
Reporting Requirements ,
Retaliation ,
Risk Management ,
Sexual Harassment ,
Sports ,
Universities ,
Workplace Romances
I hope everyone had a good Thanksgiving. A recent decision involving the Family and Medical Leave Act should give employers much to be thankful for.
Our employee (we’ll call her “Patti”) managed telecommunications services...more
12/5/2025
/ Appellate Courts ,
Best Practices ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Hiring & Firing ,
Interference Claims ,
Notice Requirements ,
Performance Reviews ,
Retaliation ,
Risk Management ,
Summary Judgment ,
Termination
EEOC allegations ring true.
The following is based only on the allegations in a lawsuit that was filed this week by the Equal Employment Opportunity Commission. The employer hasn’t had a chance to give its side of the...more
11/21/2025
/ Absenteeism ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Failure to Accommodate ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
Reasonable Accommodation ,
Termination ,
Third-Party ,
TPAs ,
Wrongful Termination