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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

Satanic Band Is The Diet Coke Of Evil, Employment Lawsuit Shows

Just one calorie – not evil enough. Satanic heavy-metal band Ghost is at risk of having its “evil mystique” ruined by some mundane employment-related disputes with former members of the band, according to an article in The...more

FLSA Overtime Rule: With All These Efforts To Block It, Can Employers Relax?

Last week, two lawsuits were filed in federal court in Texas seeking to block the Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act, which was issued in May. Meanwhile,...more

Can’t We All Just Get Along? Bridging The Generation Gap At Work

What a week for aging. According to one study, people age 65 and older will outnumber people age 15 and younger worldwide by the year 2030. This is referred to as a “population plague.” In more bad news for younger...more

Sex On TV: Final FAQs For Employers About The Roger Ailes Case

Well, Gretchen is out, Roger is out, and Megyn is in. Your Magic 8-Ball is here to answer the sexual harassment questions that employers are dying to ask....more

Password sharing and “head-slap hacks”: What employers can do

If you have ever wondered why your company’s data is not as secure as it should be, take a look in the mirror. A study by the Ponemon Institute, commissioned by Experian and released in May, found that the majority of...more

Wellness Programs, and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act: The final chapter

On May 17, 2016, the Equal Employment Opportunity Commission issued its final rules on wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. The ADA rule applies to...more

EEOC Posts Fact Sheets On LGBT Discrimination, Transgender Issues

The Equal Employment Opportunity Commission has published a new Fact Sheet on LGBT discrimination that employers will find helpful. As I’ve reported before here and here, the agency is taking an aggressive position regarding...more

Ignore The Hype: Here’s What Employers Need To Know About North Carolina’s HB 2

Argh! I was hoping not to have to talk about HB 2 again (North Carolina’s notorious “bathroom bill”), but there has been so much misinformation about what it did to wrongful discharge claims that I’ve just gotta....more

Transgender Roadmap: 10 Steps The EEOC Thinks Employers Should Take

Law360 reported yesterday morning that the Equal Employment Opportunity Commission settled a transgender discrimination and harassment lawsuit (not our Detroit-area funeral home case). Although the employer entered into the...more

EEOC Provides ADA Guidance For Employees’ Doctors

The Equal Employment Opportunity Commission came out this week with some guidance about the rights of individuals with AIDS and HIV. The guidance is unremarkable for anyone who is familiar with the Americans with Disabilities...more

The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness...more

Before You Fire: 20 Questions Every Employer Should Ask

Here are 20 questions that every employer should ask itself before going ahead with a termination. If you think I’ve missed anything, please feel free to add your own in the comments....more

Technology Blunder Lands Ex-Employee In Court

The Winston-Salem Journal (my hometown paper – yay!) reports that a company is suing a former employee in the North Carolina Business Court for breach of his confidentiality and non-compete agreements.* *The article...more

Can An Employee Be Fired For Having Too Many Kids?

Yahoo’s CEO Marissa Mayer announced this week that she is expecting twin girls, and Yahoo’s stock reportedly took an immediate dive. (H8rs!) Mayer said that she plans to take only two weeks off, and she can probably manage...more

Can Employees Trust Human Resources?

After the initial NYT story ran, saying the workplace at Amazon is cutthroat — still uses “forced rankings” and even encourages employees to secretly bad-mouth each other to their bosses, has employees who break down in tears...more

Is It “Disparaging” To Say “Karma Is A Bi**H”?

Employee sues her boss for sexual harassment. Case settles for $127,500, and she has to agree to confidentiality and non-disparagement....more

Less Alarming Than It Sounds: Implications of the Religious Accommodation Decision in 'EEOC v. Abercrombie'

First Glance perspective by attorney Robin Shea of the Supreme Court's recent Religious Accommodation decision in EEOC v. Abercrombie. Spoiler alert: more alarming than it sounds....more

Hey – That EEOC Wellness Rule Isn’t Half Bad

Is the proposed rule good for employers, or bad? Pretty good overall. The EEOC has, for the most part, proposed that providing “incentives” for employees to participate in wellness programs (both rewards and penalties, which...more

Two Big Sexual Harassment Cases: Where The Employers Went Wrong

The Marchuk v. Faruqi & Faruqi trial (daily updates here) is far from over, but that case, as well as one involving CRST Van Expedited in California, provide some valuable opportunities for us to learn from other employers’...more

EEOC Promises Guidance On Wellness Programs In February

Good news! The Equal Employment Opportunity Commission recently announced in its 2015 regulatory agenda that it will be issuing proposed regulations on the impact of the Americans with Disabilities Act and the Genetic...more

Off-Duty Domestic Violence — What’s An Employer To Do?

Sometimes your employee is the victim. If so, you may have someone who is distracted, scared, upset, or frequently absent because of physical injury or psychological trauma, or court appearances. She (or he – men can be...more

BREAKING: 6th Circuit Will Rehear Ford Telecommuting/Reasonable Accommodation Case

Law 360 reports this morning that the U.S. Court of Appeals for the Sixth Circuit has agreed to rehear the EEOC v. Ford Motor Co. case, which I reported on (and disagreed with) in April. The original decision, holding that...more

BREAKING: Supreme Court 5-4 Finds in Favor of Hobby Lobby

Burwell v. Hobby Lobby: Regulations issued by the U.S. Department of Health and Human Services under the Affordable Care Act required that employers provide coverage for 20 contraceptive methods approved by the Food and Drug...more

Guidance On Employer Incentives For Wellness Participation Is On The Way, Says EEOC

Hallelujah! The Equal Employment Opportunity Commission announced this week that it plans to issue guidance on employers’ ability to offer incentives to employees based on their participation in wellness programs, or whether...more

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