As a court recently pointed out, regular attendance is important in any job. Important, however, does not always equate to essential.Read More
Is a transfer to the very same position, for which, just nine months earlier, an employee had applied, an 'adverse employment action' sufficient to support a claim of discrimination? Amazingly, the 6th Circuit answered, 'Yes.'Read More
Refusing to hire someone who filed a lawsuit claiming a violation of the FLSA or Title VII is illegal retaliation.Read More
The 2011 ruling of Wal-Mart Stores Inc. v. Dukes continued to have a wide-ranging impact on virtually all class actions pending in federal and state courts throughout the country in 2013 cases.
Train an employee who is insulated from the hiring process to do your social media searches, scrub all protected information, and provide a sanitized report to those responsible for making the hiring decision.
The status of a graduate assistant must be analyzed based on the 'economic realities' of each individual.
Understand and pay attention to these issues of national-origin discrimination, if for no other reason than the fact that the EEOC is watching.
Bravo to Eugene Krabs for bringing the plight of the unpaid intern to the forefront of pop culture. Employees are not allowed to volunteer their time or work for free.Read More
Here's my list. How about you? What would you add to the list? Leave your thoughts in the comments below, or tweet it with the hashtag #yesitslegal.Read More
Done poorly, RIFs open employer to widespread claims of discrimination that can prove more difficult to defend than the savings the employer hoped to realize from the layoffs.