PRO-TIP: If you want to arbitrate employment claims, have an arbitration agreement.
A client embroiled in an employment dispute with a former employee once asked me if we could force the...
Category: Employer Handbook
The EEOC isn’t the only federal agency safeguarding complaints about race bias at work
Last week, the National Labor Relations Board made headlines when it concluded that nondisparagement and confidentiality provisions in severance agreements that...
No job description? No problem. See why this employer had no duty to accommodate.
The Americans with Disabilities Act bars employers from firing someone because they have a disability. It also requires employers...
Documentation and communication FTW! (Well, good enough.)
After completing a 90-day orientation program for newly licensed nurses, a woman was denied a full-time position as a...
This employee apparently doesn’t understand how pregnancy discrimination works
I won’t bury the lede. Here’s the takeaway from this post. If an employer doesn’t know that an employee...
How can an employee make $200K, PLUS overtime?!? The Supreme Court explains…
Image by Clker-Free-Vector-Images from Pixabay A company operating an offshore oil rig paid one of its “tool pushers” anywhere...
I’m willing to bet that, as of yesterday, most of your severance agreements are UNLAWFUL
On February 21, the National Labor Relations Board decided (here) that nondisparagement and confidentiality provisions in a severance agreement that businesses...
Are you in the clear waiting four weeks to fire someone who complained about sexual harassment?
I’ve got some ‘splaining to do before we get into the meat and potatoes. First, if a company fires...
New Jersey created something called a “Temporary Workers’ Bill of Rights.” What is it?
Last week, Governor New Jersey Phil Murphy’s office announced “a significant step for vulnerable workers in New Jersey” when...
Did a union non-profit refuse to accommodate a woman with breast cancer and force her to resign? The EEOC thinks so.
I read on the U.S. Department of Labor website that unions help employees improve the workplace with “enhancements” such as...
Let’s talk about whether you are paying teleworking employees properly.
The U.S. Department of Labor’s Field Assistance Bulletin on employee telework is the blogging gift that keeps on giving....
If you are tracking FMLA leave THIS WAY, you may be doing it WRONG!
Thank you for indulging me a day off from blogging yesterday. It’s tough to bounce right back when a...
This is how you determine whether a remote employee is FMLA-eligible
Employees are eligible for FMLA leave when they have worked for the employer for at least 12 months, have...
An employee who didn’t know she had a disability sued for disability discrimination. It didn’t go well.
There’s a reason that they don’t teach “clairvoyance” in HR certification courses. (Although, it would be nice to have...
This is everything HR-related from last night’s State of the Union Address
If you went to the refrigerator to grab a cold beverage, you probably missed President Biden’s remarks about “beginning...
A Rocky IV lesson on training and discrimination
In 1985, Rocky Balboa single-handedly ended the Cold War with the USSR after defeating Ivan Drago. Leading up to...
Rules for thee, not for me? Jury awards judge’s clerk a $1.1M religious discrimination verdict.
I did a double take when I received an email alert late Friday with the subject line: “BREAKING: Ohio...
Step aside, FTC. A bipartisan group of Senators has renewed legislation to ban most noncompetes
Who knew this handcuff graphic would get so much use in 2023? And it’s only the beginning of February!...
Talk to your employees about current events before they talk to (or exclude) your customers
Last month, Memphis police pulled over Tyre Nichols, a 29-year-old Black man, for allegedly reckless driving. Body camera footage...
A coworker supposedly used the N-word “all the time” at work. Case dismissed. Here’s why…
No workplace is perfect. And the one I read about last night was far from it. The plaintiff, who...