At Noon ET, Amy Epstein Gluck, Michael Elkins, and I will present “What the Legal Landscape Looks Like for 2025.” Come hang with us for an hour while we cover key legal updates for 2025. Our friends at HR Learns, who are hosting this event, have pre-approved our sesh for…
Yesterday, the Federal Trade Commission announced that it had ordered a building services contractor to stop enforcing a no-hire agreement. The agreement purportedly prohibited building owners and managers from hiring the contractor’s employees. Some of you are probably thinking that you read somewhere—possibly here—that a federal court enjoined the FTC’s sweeping…
Last year, several media outlets reported about a lawsuit that a clothing designer who worked for Lizzo and her touring company had asserted against them and another individual. That lawsuit included several claims under state law for discrimination, retaliation, and assault, among others. On paper, it didn’t sound good for…
Suppose your company hires a black man only to fire him less than a year later. If the man claims that his race motivated the termination decisions, would arguing that the same person made both employment decisions create a viable defense? It’s called the “same-actor inference.” As a New York…
A federal appellate court recently ruled that a university did not have to accommodate the disability of a professor seeking tenure by relaxing the tenure requirements or giving her a second chance to satisfy them. It’s a reminder that employers can require individuals to perform the essential functions of the…
It’s that time again. For those new to the blog, on the day before Thanksgiving, readers get to rank the best Thanksgiving foods … and green bean casserole. Thirty-two items are divided into four categories: (1) Proteins, (2) Starches, (3) Veggies, and (4) After Dinner. Please take this poll, select one…
Suppose you commonly reimburse employees for certain expenses like mileage, meals, or equipment. Suppose instead of paying them the usual rate of “x,” you decide to pay them significantly more, like maybe “4x” for those expenses. Can you do so and exclude those payments from the employee’s regular rate of…
Credit: Lori Chavez-DeRemer on Instagram If you had your money on President-Elect Trump selecting a pro-labor Republican with support from several unions to run the U.S. Department of Labor, you and I should go to Vegas together so I can ride your coattails. On Friday, President-elect Donald Trump tapped Oregon…
Is this post safe for work? Yes, it is. Did I write it in Incognito mode, just in case? Yes, I did. A recent California decision offers employers a good reminder about the importance of applying work rules and policies evenly to avoid potential discrimination claims. The case involves a…
Earlier this month, the U.S. Department of Labor issued an opinion letter concluding that, under certain circumstances, an employee may use leave under the Family and Medical Leave Act (FMLA) to treat a serious health condition when treatment is provided as part of a clinical trial. Let’s explore why. Actually, before…