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September 25, 2023
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Tag: Hiring & Firing

WARNING: This could be one of my nerdiest FMLA posts yet.

At a bench trial in a Virginia federal court in 2021, with only a Family and Medical Leave Act...
Bloggers, Employer Handbook

Five plant managers learned the hard way that betting on which workers will get COVID-19 doesn’t pay

About three years ago, seven plant managers lost their jobs following an investigation into allegations of betting on how...
Bloggers, Employer Handbook

I know when you can start filing EEO-1 Component 1 Data. Here’s a hint: 🎃🍬🍫

Yes, soon after I start recycling old blog posts next month about the liability risks that employees and their...
Bloggers, Employer Handbook

Another employer learns the hard way that it’s better to hire slow and fire fast

A company fired one of its employees just ten days after learning about his disability. Although the proximity between...
Bloggers, Employer Handbook

EEOC claims four HR employees facilitated two acts of disability bias against the same person

The Americans with Disabilities Act makes it unlawful for an employer to discriminate against a qualified applicant or employee...
Bloggers, Employer Handbook

Elon Musk says X will fund legal bills for employees “unfairly treated” for posting or liking on the platform

Screenshot: @elonmusk on X At least that’s what Elon Musk, the billionaire who purchased X (formerly known as Twitter),...
Bloggers, Employer Handbook

A new bill will greenlight federal employment for marijuana users

Tomorrow, I’ll be presenting “Weeding through the Haze: State and Federal Marijuana Laws and Implications” at the U.S. Equal...
Bloggers, Employer Handbook

Yes, you must comply with the Temporary Workers’ Bill of Rights in New Jersey

In February 2023, the State of New Jersey enacted a law that a federal judge described as “novel and...
Bloggers, Employer Handbook

I found a case where an employee’s First Amendment rights were violated. Almost.

Let’s change up the facts from yesterday’s “free speech” blog post. Today’s plaintiff works for a public employer rather...
Bloggers, Employer Handbook

Bless her heart

Today I bring you another example of how an employee does not forego their freedom of speech when working...
Bloggers, Employer Handbook

Here’s an FMLA interference case that Cosmo Kramer from Seinfeld would appreciate

In early 2020, an employee at a global food supplier left work early with flu-like symptoms. That day she...
Bloggers, Employer Handbook

Have you ever had 65 employees seek FMLA at the same time with the same doctor’s notes?

On June 16, 2017, an employer issued furlough notices to employees at its West Virginia facility. Over the following...
Bloggers, Employer Handbook

NY Federal Courts 2 – “Central Park Karen” 0

The white woman many refer to pejoratively as “Central Park Karen,” after a videotaped dispute with a Black birdwatcher...
Bloggers, Employer Handbook

He got fired after threatening to complain to HR. Could that be retaliation?

The plaintiff in this federal court decision I read last night didn’t exactly come off as a model employee....
Bloggers, Employer Handbook

Was she requesting Family and Medical Leave Act leave or pitching a television show?!?

This will all make sense in a minute if you keep reading. The plaintiff is dealt a tough hand....
Bloggers, Employer Handbook

Would you stop emailing and texting? Just pick up the damn phone for once instead!

If, like me, you deal with HR compliance and employment law issues regularly, you’ve yelled the title of this...
Bloggers, Employer Handbook

A new resource from the EEOC could help employers avoid bias claims from using AI

Yesterday, the Equal Employment Opportunity Commission (EEOC) released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and...
Bloggers, Employer Handbook

What happens when everyone in the same position is over 60 and gets fired?

Is it age bias? Or just business? In a decision I read last night, the plaintiff spent more than...
Bloggers, Employer Handbook

Can a Jew discriminate against other Jews at work because they are Jewish?

Last night, I read a decision from a federal court in New York involving a plaintiff, who is Jewish,...
Bloggers, Employer Handbook

Four federal agencies are prepared to throw cold water (and lawsuits) at employers who abuse artificial intelligence

While recognizing the prevalence of automated systems, including those sometimes marketed as “artificial intelligence” or “AI,” and the “insights...
Bloggers, Employer Handbook
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