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...
Category: Employer Handbook
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...
A Legal Tale Before Christmas: How a $2,575,000 jury award for retaliation got reduced to one measly buck.
& lsquo;Twas two nights before Christmas, in the Second Circuit’s hall, A case was decided, with judges standing tall....
Feds to Supreme Court: Level the playing field for plaintiffs claiming reverse discrimination
I n October, I blogged about the Supreme Court’s decision to weigh in on whether a heightened standard should...
Wearables at Work: An EEOC “Fit” for HR Compliance and Productivity
Y esterday, the Equal Employment Opportunity Commission (EEOC) announced the release of a new fact sheet titled “Wearables in...
What HR should know about the EEOC’s New Guidance on the Pregnant Workers Fairness Act (PWFA) for Health Care Providers
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) recently released new information to assist healthcare providers in helping their...
Did this employer fall for the FMLA (in loco) parent(is) trap?
T he facts from a recent Sixth Circuit decision are WILD! A finance manager at a luxury car dealership...
Let’s revisit Friday’s post about what state’s laws apply to a remote NJ worker’s employment claims
B ack by popular demand. I see that Friday’s post threw some of you for a loop. Perhaps you...
Can out-of-state remote workers handpick the most favorable state employment laws for a lawsuit?
In the evolving landscape of remote work, many employees believe they are shielded by the laws of the state...
Unions see red (and businesses may see red soon too) as the Senate rejects Biden’s NLRB chair renomination
I n a move that will swing the pendulum from union-to-business friendly faster than some expected, the Senate yesterday...
Blunt Reality: NJ cannabis users cannot sue over rescinded job offers
T hink you can sue your employer for not hiring you because you tested positive for cannabis? Think again....
How can an individual without an actual disability still have an ADA claim?
I t happens when an individual—a job applicant or current employee—is “regarded as having a disability” under the Americans...
Can an employee sue for discrimination because of a denied PTO request? (Spoiler alert: yes.)
L ast month, a federal appellate court concluded that training delays, a denied vacation request, and a transfer to...
Join me and my friends on Wednesday, December 11 for HR Festivus. (And it’s free)
A t Noon ET, Amy Epstein Gluck, Michael Elkins, and I will present “What the Legal Landscape Looks Like...
Think the FTC is done taking on restrictive covenants? Think again!
Y esterday, the Federal Trade Commission announced that it had ordered a building services contractor to stop enforcing a...