How can you tell if full-time work is truly an essential function of an employee’s job? I’ll give you an example. Suppose one of your supervisors has worked full-time (at least 40-hour weeks) on the...
One court finally answers the question: when does extended medical leave become unreasonable? “Eric, we have an employee who needed four weeks off for hip surgery. We provided it. After the surgery,...
Could a shoddy investigation into a complaint of discrimination lead to a viable lawsuit by . . . the accused? I’m generally skeptical when I read about lawsuits that individuals accused of discrimination bring against their former employers. Last...
Here’s another reason to have a lawyer review your company’s separation and settlement agreements Federal laws, such as Title VII of the Civil Rights Act of 1964, apply to most U.S. businesses across...
….and STILL the reigning, defending champion of Thanksgiving foods is STUFFING!!! Whether adorned with cornbread, sausage, or just the simple traditional version, readers of this blog can’t get enough of...
Ok, NOW let’s rank the top Thanksgiving foods for 2023! I didn’t mean to startle some of you yesterday. In yesterday’s post, I teased that we would rank the...
An employer cannot rely on a contract to discriminate Earlier this month, an employer learned the hard way that it could not rely on a contract provision to...
POLL RESULTS (sort of): Most businesses have retired their COVID-19 policies Although the vast majority of businesses implemented a written COVID-19 policy at one time or another, most have eliminated...
POLL: Does your business have a COVID-19 policy? The other day, a partner asked me about COVID-19 policies and how clients may still implement them. Candidly, it...
They don’t call it FMLA interference for nothing In my day, televisions had antennas, which you had to position just right to watch one of three channels,...
281,870 reasons not to attempt a kickback scheme to avoid paying overtime It’s not often that I attempt to locate images for blog posts using ‘kickback’ as a search term. But...
A Tennessee man who claims he was fired from his job over tweets made in California can sue that person in Tennessee I want to thank my co-presenters, Amy Epstein Gluck, Jonathan Segal, Gregory Slotnick, and everyone who attended the Zoom on...
Today, at Noon ET, join us for “Antisemitism and the Workplace” on Zoom. It’s free to attend. There is still time to register to join me, Amy Epstein Gluck, Jonathan Segal, and Gregory Slotnick at Noon ET today...
The “E” in injunction stands for “evidence.” (Who’s gonna tell him there’s no…) Ready. Fire. Aim. That’s often the approach companies take when they learn that a former employee with restrictive...
This recent federal court decision makes me further question the utility of drug testing for most positions. Let’s see if you agree with me. The defendant operated a hotel and event venue. The plaintiff had an...
A woman was reprimanded after complaining about sexual harassment. That’s usually not retaliation. Here’s why. I’ve defended way more retaliation lawsuits than I can recall. The facts and circumstances may vary, but the law...
Join us on 11/10/23 at Noon ET for The Employer Handbook Zoom Happy Hour: Antisemitism and the Workplace Antisemitism is nothing new. About a year ago, ResumeBuilder.com surveyed 1,131 U.S. hiring managers and recruiters about their views...
An employer got sued for age bias. It admitted wanting to advance younger employees. It prevailed. HOW?!? The U.S. Army employed a “septuagenarian civilian doctor.” Well, at least it used to. The Army ended his employment...
“Oh, they paid you less than market value? Yes, we love your novel equal pay legal theory. Tell us more!” If only a federal appellate court had reacted that way when a female plaintiff claimed an equal pay violation...
REMINDER: Employers can start filing their 2022 EEO-1 Reports Just as I had finished raiding my kids’ hauls for all the Butterfingers and 100 Grands, it was at...