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That well-endowed Canadian teacher -- what would've happened here?

This is a G-rated post. PG at worst. Toronto-area shop teacher Kayla Lemieux -- you know, the one with the famous Z-cup breasts -- has been placed on a leave of absence now that the New York Post has reported that she is...more

SCOTUS will review religious accommodation standard

"Undue hardship" defense is likely to become tougher. The U.S. Supreme Court has agreed to review the undue hardship standard in religious accommodation cases. We expect the standard to become more difficult for employers...more

Artificial Intelligence in HR: A blessing and a curse

How could something so convenient be so risky? Artificial intelligence in Human Resources is the greatest, right? It can screen thousands of applications in nanoseconds and narrow the field just to the types of people with...more

Highlights from the OSHA vaccine ETS argument at the Supreme Court

While we wait. I was really hoping that by yesterday the Supreme Court would have stayed the Emergency Temporary Standard that was issued by the Occupational Safety and Health Administration. Maybe today?...more

On vaccine ETS, OSHA stands down, Sixth Circuit wins lottery

Wild times. The Occupational Safety and Health Administration has posted this on its COVID-19 and Vaccine Emergency Temporary Standard web page (emphasis is mine):...more

OSHA's vaccine ETS is stayed by court

Well, that was fast. A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has granted an emergency stay of the Emergency Temporary Standard that was formally issued Friday by the Occupational Safety and...more

A Few Grains Of Salt About That COVID Vaccine Decision From Texas

Don't rely on it too much -- yet. We recently got our first federal court decision addressing whether an employer had the right to require employees to be vaccinated for COVID-19. The court's answer was yes... ...more

No FFCRA In 2021

No, I did not read all 5,600 pages of that legislation! According to Bloomberg Law, the stimulus package passed by Congress on Monday night does not include an extension of the Families First Coronavirus Response Act...more

This "Phishing" Test Stinks. From The Head Down.

Pee-yew. A major media company, like a lot of media employers these days, has been facing difficult economic times and has had furloughs, pay cuts, and buyouts. So the surviving employees were tickled pink when they...more

Do heterosexuals have Title VII rights?

Bonnie O'Daniel was a Human Resources manager (remember that!) at a workplace in Louisiana. One day in April 2016, she went shopping at a well-known national retail store and encountered a transgender woman in the dressing...more

Cybersabotage: The Hot Tactic Of Today's Disgruntled Employee

Workplace vandalism is so . . . brick and mortar. An employer recently posted a vacant job online. Some people applied for the jobs, and some of them were African-American women. ...more

Woo-Hoo! Normal HR Policies Are Legal Again, Says NLRB General Counsel

Workplace rules are back, baby! Peter Robb, General Counsel for the National Labor Relations Board (and my new hero), issued a Memorandum on Wednesday that employers should love. ...more

It ain't cool to be an April Fool.

The classic employment law/HR mistakes will always be with us. But are you ignoring these newer issues, hoping they're just flashes in the pan? Don't be an April fool! 1. Reassessment of marijuana testing in the workplace. If...more

I Have An Excuse To Write About Stormy Daniels And Donald Trump.

Life is good. Does Stormy Daniels get to spill the beans on her alleged affair in 2006 with Donald Trump? Despite the fact that she was under a non-disclosure agreement? Maybe yes, and maybe no. It may depend on what the...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 posted...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 older...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 data...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

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