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The Employer Handbook BlogHow an Employer Survived a Discrimination Claim After Violating Its Own Hiring Policies
The city’s civil-service commission told it to follow its own hiring policies. It didn’t. It still won.
Illegal Deductions, No Records, No Tip Credit: A Restaurant’s FLSA Trifecta
A restaurant charged its servers a dollar a shift for silverware and pens. That dollar voided the tip credit for every hour every server ever worked, and the liquidated damages doubled the bill.
The Comparator Problem: What This Teacher’s Case Gets Wrong About Religious Discrimination
A teacher gets twice the students, a warning for observing a religious holiday, and a misconduct investigation after venting on a union Facebook page. She loses every claim.
If Full-Time Remote Work Would Eliminate an Essential Function, You Don’t Have to Offer It
COVID-era telework was an emergency exception. Courts aren’t treating it as a permanent rewrite of job requirements.
Your Whistleblower’s Old Retaliation Claims Aren’t Necessarily Dead. A NJ Court Just Showed How.
A pharmaceutical company’s compliance officer claimed she spent years flagging what she believed were Anti-Kickback Statute violations. What followed, according to her complaint: bogus HR investigations, a forced apology, a retaliatory performance review, a final warning memo, interference with her medical leave while she was undergoing cancer treatment, and ultimately termination. The employer moved to dismiss on statute of limitations grounds. The New Jersey Appellate Division just reversed.
Denied Every Religious Exemption Request, Attempted No Accommodations, and Still Won
Sometimes the facts supporting a religious accommodation denial are so strong that skipping the accommodation process doesn’t sink you. This healthcare employer found that out — and the 9th Circuit’s reasoning tells you exactly why.
She Complained About Harassment, Got a Protective Order, and Was Fired the Next Day. An $80K Lesson in Bad Timing.
According to the EEOC, an employee complained about six months of sexual harassment. Her employer allegedly did nothing. So she went to court, got a protective order against the harasser, handed a copy to HR, and was fired the next day. The harasser kept his job.
The EEOC Wants to Kill the EEO-1. Here’s What Employers Should Do in the Meantime.
The EEO-1 filing requirement has existed since 1966. It may not exist much longer. Continue reading
The DOL Just Made It Official: The 2024 Overtime Rule Is Gone and the $684 Threshold Is Back.
The 2024 overtime rule is officially gone from the federal rulebook. Courts killed it a year and a half ago; the DOL just got around to the paperwork.