FLSA Exemptions For Employers: Now 40% Less Daunting, 100% Still Your Problem Last week, the Supreme Cou rt clarified employers can show how certain employees don’t need to be paid overtime...
Paid Leave Jigsaw: New DOL Guidance for Employers to Fit FMLA and State Rules Together. T his week, the U.S. Department of Labor’s Wage and Hour Division issued an opinion about substituting paid leave...
Cheeseheads, Consequences, and Crossing the Line: HR Lessons from the Stands The original uploader was Betp at French Wikipedia. – modifications by User:Maps and stuff: perspective correction to straighten foreground...
When the Cat’s Paw Scratches: How a University Got Schooled on Employment Law R ecently, a federal magistrate judge found sufficient evidence to support the ‘cat’s paw’ theory, a concept that should...
Avoid this employer’s mistake. Here’s why your business should focus more on accommodations than the underlying disability. I n a recent decision, a federal appellate court made a strong case for employers to prioritize accommodating employees...
Reorg Roulette: When Office Shuffles Lead to Legal Kerfuffles A recent federal appellate court decision highlights some of the complexities of employment discrimination claims. It is a stark reminder...
Retaliation Station: When Harassment and Termination Claims Take Different Tracks L ast night, I read an Eleventh Circuit Court of Appeals decision in which the court tackled the tricky...
Hiring Hiccups in Discrimination Cases: When Gut Feelings Aren’t Just Gas I n a recent decision from the United States Court of Appeals for the Seventh Circuit involving a claim...
When Accommodation Requests Go AWOL: A Cautionary Tale For Employers T he complexities of the interactive process in disability accommodation requests can trip up even the most experienced HR...
This is how I’d explain a hostile work environment to a ten-year-old. I magine you’re at school, and there’s a teacher who always picks on you, blames you for things you...
Our employee on a modified work schedule misses too much work. What do we do? H ow many of you struggle to enforce attendance rules for employees with a disability or serious health condition...
When Discrimination Claims Go Under the Knife: A Surgeon’s Legal Misadventure T he United States Court of Appeals for the Second Circuit recently dissected a bariatric surgeon’s discrimination claims. The...
Must companies pay employees for time they spend lollygagging on the job? I n a recent precedential decision, the Third Circuit Court of Appeals addressed a critical issue for employers: whether...
When the Employment Lawyer Becomes the Plaintiff: Lessons from an ADEA Case I n a recent decision, the United States District Court for the Southern District of New York granted summary...
Underwear Where?!? A Cautionary Tale of Retaliation, Timing, and Documentation Human resources professionals often encounter bizarre and unexpected situations, especially around the holidays. However, few can top the case...
EEOC to employer: You didn’t accommodate painful menstrual cramps. See you in court! O n Christmas Eve day, the U.S. Equal Employment Opportunity Commission (EEOC) announced it had filed a significant lawsuit...