Last night, while you we sleeping in your comfy beds — me, on a pile of money, blogging power and, yes, ego — a Texas federal judge entered an injunction against the final “blacklisting” rules and guidance of the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory Council. What were…
Hold up. I need to catch my breath after last night’s episode of The Walking Dead. (Don’t worry. No spoilers ahead). Last week, I blogged here about the EEOC’s new Strategic Enforcement Plan. In that post, I singled out the EEOC’s pivot to “clarify[] the employment relationship and the application of…
Allegedly, of course. Doe worked Directions for Youth and Families, Inc. Doe is bipolar and communicated as much to her employer, which eventually fired Doe. Want to know why? Why, Eric? Welp, here’s the quote from Doe v. Directions for Youth and Families, Inc. (opinion here): At their August 2014 meeting, the…
Actually, as I see it, yes, Eric is utilizing hyperbole. But, this recent Eighth Circuit opinion in a case involving the duty to accommodate under the Americans with Disabilities Act is a dicey one for employers. The plaintiff in Kowitz v. Trinity Health (opinion here) began working as a respiratory…
If I had a quarter for every time I heard someone criticize me for acting aloof at Starbucks by ordering a “medium” rather than a “grande” use the term “salaried-exempt,” I could play air hockey all day at Chuck-E-Cheese. Hmm, that sounded less creepy in my head. But, seeing it typed out and…
You’re almost there. The only thing that can stop you now is this Calvin Harris tune that’ll get stuck in your head all day. Whew! You made it! Yesterday, the EEOC announced (here) updates to its existing Strategic Enforcement Plan. Under the existing plan, which expires at the end of…
With all those notice requirements and certifications and such, it’s easy to get bogged down in the minutia associated with an employee’s request for leave under the Family and Medical Leave Act. But, a recent case is a good reminder not to overlook a basic FMLA tenet: an employee…
Yep, if you need me this morning, I’ll be at Fort Sam Houston, giving my spiel to U.S. Army South and some folks from Guantanamo Bay on social media and the workplace. How cool is that! (In a dorky lawyer kinda way). While that’s going down, let me catch you…
As a corollary to yesterday’s post about David Lopez stepping down as EEOC General Counsel — *** Googles “corollary” — swish! *** — I bring you news of two recent court decisions advancing LGBT rights at work. 7th Cir. – Maybe Title VII protects workers from discrimination based on LGBT status after all. Earlier this…
Yesterday, the U.S. Equal Employment Opportunity Commission announced (here) that its General Counsel, David Lopez, would be leaving the agency in December. David was the first EEOC field trial attorney to be appointed as the agency’s general counsel, the first Latino general counsel, and, after 6 1/2 years, is the longest-serving general…