Legal

Bring Me the Head of Employment at Will

If judges and juries will run your employment decision through the fairness filter, shouldn’t you save yourself the aggravation and do the same?

At his always excellent Connecticut Employment Law Blog, Dan Schwartz recently asked the following question: “What Does ‘At Will’ Employment Really Mean?” Dan argues that while employment at will is still a valid legal doctrine, if a judge or jury cannot view your termination as “fair”, then they will look for another (illegal) justification for your decision. That examination may…

A Supreme Case on Arbitration

Wage-and-hour class actions are one of the biggest risks that employers face.

In AT&T Mobility v. Concepcion, the United States Supreme Court held that a business could compel a group of individuals to waive their right to file a class-action lawsuit and instead arbitrate their collective dispute. Employers rejoiced, believing that they finally had the weapon they needed to battle the scourge of wage-and-hour class actions.  The National Labor Relations Board, however,…

The 8th Nominee for Worst Employer of 2017 Is … the Cancerous Boss

Using the worst employers to teach those who are better intentioned regarding the proper way to manage employees is an invaluable tool.

“Jon, you write a management-side blog. Why are you running a contest to find the worst employer of 2017?” Because of employers like this one (via Courthouse News): Plaintiff was diagnosed with kidney cancer and required immediate surgery to remove the tumor. Defendant Slutskaya denied his request for a 10-day leave of absence and told plaintiff she doesn’t “need people…

SCOTUS Takes Largely Meaningless Swipe at Obama’s NLRB Legacy

Because the NLRB did not appeal the void-versus-voidable issue, SCOTUS did not consider it. And this distinction is huge.

There is little doubt that under President Obama, the NLRB reinvented itself into an agency about which all employers must pay attention. One can trace much of this reinvention back to Lafe Solomon (a man with whom I once shared an NRP microphone), the NLRB’s acting general counsel from June 2010 through October 2013. Yesterday, however, in NLRB v. SW…

EEOC Offers Sage Advice on Following Checklists for Harassment Compliance

While checking the boxes regarding harassment may not equal legal compliance, it's a great tool to talk about legal responsibilities.

The EEOC last June issued a comprehensive, bipartisan report on harassment in the workplace. The report’s stated purpose was to “reboot workplace harassment prevention efforts” by focusing on efforts employers can take “in designing effective anti-harassment policies; developing training curricula; implementing complaint, reporting, and investigation procedures; creating an organizational culture in which harassment is not tolerated; ensuring employees are held…

The 11th Circuit’s Odd LGBT Discrimination Decision

When an employer discriminates against a gay or lesbian employee, that employer is discriminating based on the employee’s choice of sexual partner, which equals discrimination based on gender.

The 11th Circuit Court of Appeals, in Evans v. Georgia Regional Hosp. , recently held that Title VII does not protect sexual-orientation discrimination per se, and that to sufficiently plead such a cause of action under Title VII, one must allege facts sufficient to establish that the employer discriminated based on non-conformity with sex-based stereotypes.  As such, this decision directly…

The 7th Nominee for the Worst Employer of 2017: Sessions on Social Media Termination

What qualifies Jeff Sessions for nomination is how he handled communicating the news of the firings.

On March 10, Attorney General Jeff Sessions asked for the resignation of 46 U.S. attorneys. Those who refused have been fired. The fact that the current administration is cleaning its Justice Department house by turning over personnel appointed by the prior administration is not notable. Washington bureaucracy is run by the party-in-charge, and right now that means that President Trump…

The Next ‘Worst Employer of 2017’ Nominee: No-Pets-for-Vets Policy

The EEOC sued a Florida trucking company for disability discrimination, alleging it failed to accommodate a job candidate because he used a service dog.

The EEOC recently sued a Florida trucking company for disability discrimination, alleging it failed to accommodate, refused to hire and retaliated against a job candidate because he used a service dog. (Complaint here ) From the EEOC: Leon Laferriere applied for a truck driver position with CRST in Fort Myers and signed up for the drivers’ certification course with CRST’s…

After Leading Feds’ Immigration Service, Leon Rodriguez Heads for Private Practice

He joins Seyfarth Shaw after two years of heading the USCIS and offers his insight into immigration reform’s future.

Leon Rodriguez now is in private practice with Seyfarth Shaw in Washington, D.C. Leon Rodriguez, the former director of U.S. Citizenship and Immigration Services at the Department of Homeland Security, joined Seyfarth Shaw LLP as a partner in the firm’s Labor & Employment Department in Washington, D.C. Rodriguez brings new depth to Seyfarth’s Business Immigration Group, according to a release…

Transgender Bathroom Case Gets a Supreme Court Reversal

From a legal standpoint, this case is fascinating. From a human standpoint, why is this an issue with which we are grappling in the first place?

The Supreme Court reversed an earlier decision that would have heard the appeal of a 4th Circuit opinion granting a transgender boy the right to use the bathroom of his identified gender. The March 6 decision comes on the heels of the Trump administration’s policy change , which revoked the Obama administration’s guidance that protected the bathroom rights of transgender…