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A recreational marijuana user was blowin’ hella smoke with these FMLA arguments.

  Remember that scene in Animal House, the one where Donald Sutherland is sitting around with Katy and the some of the Deltas, smoking pot and discussing solar systems and atoms on the fingernail of a giant being?  I kinda had that feeling as I read this recent opinion in…

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This employer is probably kicking itself for not getting a separate general release

Today, I’m blogging about a company that wrote a settlement check, entered into something called a “Compromise and Release Agreement” (more on that in a bit) to resolve claims from a former employee, and now finds itself defending Family and Medical Leave Act claims. That’s got me like… [Cue music]…

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Even the best lawyers make mistakes. Because, about my Ezekiel Elliott predictions…

Remember when I told you that a federal judge would uphold his six-week suspension? Not even close. Yep, I saw some writing on the wall earlier in the day on Friday. During happy hour, federal judge Amos Mazzant granted the NFLPA’s request for a temporary restraining order. Something about Ezekiel…

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Can a man claim pregnancy discrimination? A man, baby!

Austin Powers, Eric? Yeah, sorry. I’m all tapped out after yesterday’s fantasy football spectacular. So, pregnancy-discrimination, eh? The facts in Estate of Andrew Tyler Pennington v. Southern Motion, Inc. (opinion here) are rather straightforward. Mr. Pennington worked for Southern Motion, Inc. According to the plaintiff, shortly before Mr. Pennington’s employment with Southern Motion…

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Hot takes on Ezekiel Elliott from an employment lawyer who plays fantasy football

Finally, I’m putting this law degree to good use. Today, you get this employer lawyer’s insights on not only the status of National Football League Players Association‘s efforts to overturn the National Football League‘s 6-game suspension of Ezekiel Elliott, but also real information about when Elliott may return to action. The…

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Promoting a new business on Facebook could violate a non-competition agreement. Who knew?

Actually, pretty much everyone.That includes, most importantly, the relevant portion of the three-judge Pennsylvania Superior Court panel in this recent opinion. The case, Joseph v. O’Laughlin, doesn’t involve an employment relationship. Rather, the plaintiff and defendant entered into an asset purchase agreement, which included a covenant not to compete. Among…

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Your company’s generous parental leave benefits could actually trigger a discrimination lawsuit

Just before the Labor Day weekend, I blogged here about an Americans with Disabilities Act complaint filed in federal court by the U.S. Equal Employment Opportunity Commission that should have employers scrutinizing their leave policies and procedures. Today, I’ve got news of another EEOC lawsuit filed in my backyard in the Eastern…

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Hear that? It’s the fat lady singing about the U.S. Department of Labor’s proposed OT rules.

Yesterday, a Texas federal judge killed ’em dead. Now, I could go on for a few hundred words and re-explain the entire history of the overtime rules. But, it’s five o’clock somewhere and Kate Tornone did all of the heavy lifting already in this article for HRDive.com. So, put down your adult…

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Does the ADA ever require six months of employee leave? Sure does, says the EEOC.

Is this the face of a company that would fire an employee who was on leave receiving treatment for breast cancer rather than granting her request for additional leave for more treatment? Yes indeed according to the U.S. Equal Employment Opportunity Commission.According to this press release and this complaint filed in…