From the instant I first saw the hashtag #MeToo on Twitter, I had a sense that my professional life might get busy to a degree....
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Legal
Jimmy John’s No-Poach Policy Leaves Bad Taste
Courts are increasingly skeptical of no-poach agreements that restrict the ability of employees to seek other employment opportunities.
September 27, 2019Courts are increasingly skeptical of no-poach agreements that restrict the ability of employees to seek other employment opportunities.
Girl Scouts Good, Union Organizers Bad
Does allowing cookie sales unlawfully discriminate against the banned union organizers?
September 24, 2019Does allowing cookie sales unlawfully discriminate against the banned union organizers?
Beware the ‘Religious Exemption’ Plan
There is nothing religious about bigotry, no matter what some might want you to believe.
September 24, 2019Warning: This month’s column is not for everyone. If, however, you are offended by what I am about to say, then this is specifically for....
Accommodating Pregnant Employees Is a Legal Floor, Not a Ceiling
It's a lesson that shipping giant UPS paid $2.25 million to learn.
September 19, 2019It’s a lesson that shipping giant UPS paid $2.25 million to learn.
Arbitration Clauses Can Cause a Rift
Employers should carefully craft arbitration clauses to comply with state law unless and until a court determines that the law is preempted BY the Federal Arbitration Act.
September 19, 2019In Latif v. Morgan Stanley & Co., plaintiff Mahmoud Latif complained to defendant Morgan Stanley’s HR department about his co-workers’ inappropriate comments regarding his sexual....
You Don’t Have to Overturn Every Stone When Investigating Misconduct But Be Thorough
Without credibility, you will have a massive problem defending the investigation in litigation.
September 18, 2019Without credibility, you will have a massive problem defending the investigation in litigation.
NLRB Asks for Help to Overturn Some Foul-Mouthed Bad Decisions
Allowing horrific racial or sexual harassment all in the name of “protecting” employees section 7 rights under the NLRA, is in question.
September 9, 2019Allowing horrific racial or sexual harassment all in the name of “protecting” employees section 7 rights under the NLRA, is in question.
When Common Sense Carries the Day
There's some comfort in knowing that the courts still can rule with common sense in mind.
September 5, 2019There’s some comfort in knowing that the courts still can rule with common sense in mind.
Is a Vacation During an FMLA Leave Inconsistent With an Employee’s Serious Health Condition?
Don’t make a knee-jerk decision to fire an employee who does something recreational during his or her FMLA leave.
August 26, 2019Don’t make a knee-jerk decision to fire an employee who does something recreational during his or her FMLA leave.
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