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...
Tag: Hiring & Firing
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...
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...
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...
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...
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),...
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...
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...
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...
Bless her heart
Today I bring you another example of how an employee does not forego their freedom of speech when working...
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...
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...
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...
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....
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....
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...
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...
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...
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,...
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...