The proper way to draft an arbitration agreement, or other agreement that waives certain rights or remedies, is to carve out EEOC charges.Read More
Retaliation claims remain harder for employees to prove, and easier for employers to win on summary judgment.Read More
An employer cannot hold a grudge against an employee who engaged in protected activity, with the hope that the passage of time will permit later retaliation.Read More
If your workplace is sexually charged, it will catch up with you eventually.Read More
Leaders must explicitly communicate that uncivil, abusive behavior is thwarting their institutional objectives.
If you are going to terminate an employee on the heels of protected activity, you best have all of your ducks in a row.Read More
This case was low-hanging fruit for the Board. Don’t leave your fruit hanging.Read More
Employers should take a wait-and-see approach on this issue. It's is too important for employers to knee-jerk pull these key clauses from their agreements.Read More
What does one make of a recent lawsuit filed by the EEOC against CVS, claiming that a severance agreement it provided to three employees unlawfully restricted their rights?Read More
The quickest way to ensure that generalized workplace bullying becomes illegal is for employers to continue to ignore it.