Close

The Employer Handbook Blog

Updated:

What the heck is ‘bleisure’ and how could your company get sued over it?

People ask me if I like to read. Not so much anymore, outside of reading Harry Potter books to my kids and reading graphic novels (ok, fine, comic books) to me. Social media apps like LinkedIn have eroded my attention span. I can barely make it through a few hundred…

Updated:

Your company’s arbitration agreements for sexual harassment claims may not survive February intact.

Back in the Summer, during one of my rare deviations from blogging about COVID-19, I slipped in a post about a bipartisan effort in Congress to end the forced arbitration of sexual assault and sexual harassment claims. Six months later, there are some real signs that this Bill will make…

Updated:

The DOL is hiring 100 more investigators to audit company pay practices. Lucky you!

ICYMI, the days of a more business-friendly U.S. Department of Labor are long gone. And it’s only going to become more adversarial. In the past year, the DOL has ended a program that would have allowed employers to self-report federal minimum wage and overtime violations under the Fair Labor Standards Act…

Updated:

NY Giants release statement to rebut Brian Flores’s “disturbing and simply false” allegations of race discrimination

Opertinicy at en.wikipedia, Public domain, via Wikimedia Commons Yesterday, in this video about the Brian Flores race discrimination lawsuit against the National Football League, Miami Dolphins, Denver Broncos, and New York Giants, my partner and I talked about whether the complaint pled enough facts to withstand a motion to dismiss.…

Updated:

VIDEO: Can Brian Flores’s lawsuit against the NFL and three teams survive? Two employment lawyers weigh in.

Tennessee Titans, CC BY-SA 4.0, via Wikimedia Commons On February 1, 2022, the first day of Black History Month, Brian Flores filed a bombshell class-action lawsuit in federal court. Mr. Flores, the former head coach of the Miami Dolphins, claims that the Miami Dolphins, New York Giants, and Denver Broncos…

Updated:

Suppose you catch two employees operating a $1.5M fake COVID-19 vaccine card operation. Do you have to call the police?

I’ll bet they didn’t cover this when you were studying for your SHRM-CP, did they? BUSTED! Over the weekend, the Associated Press reported that two nurses were arrested and charged with felony forgery for allegedly faking and selling COVID-19 vaccination cards and pocketing more than $1.5 million from the scheme.…

Updated:

Here are 150,000 reasons not to play doctor when your employee tells you that she may have cancer.

In 2020, the U.S. Equal Employment Opportunity Commission sued two employers for terminating a title clerk working at their automobile dealership allegedly over fears that she might have cancer. According to the lawsuit, the employee had missed several days of work due to a sudden illness and then informed management that…

Updated:

RUMOR: The feds are discussing more COVID-19 paid leave for private employers

I really wanted to blog about the policemen who got fired for catching Pokémon rather than criminals. But, sigh, I’ll save that for a future blog post. Instead, I’ll share some scoop from Eleanor Mueller at Politico, who reports here that three separate sources have confirmed that the White House…

Updated:

“Liberal” Supreme Court Justice Stephen Breyer is retiring. Here are three times he joined “conservative” justices when deciding employment law cases.

Yesterday, several news outlets reported that Supreme Court Justice Stephen Breyer will retire at the end of this term. President Bill Clinton appointed Justice Breyer in 1994. Justice Breyer sided with OSHA and HHS in the vaccine mandate cases earlier this month. Indeed, Breyer is considered one of the more…