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About three years ago, seven plant managers lost their jobs following an investigation into allegations of betting on how many workers there would get sick from the coronavirus. Shortly before losing their jobs, a handful did not receive a bonus they felt the company improperly withheld. So they sued.

What happens when five of the most unsympathetic plaintiffs in recent memory claim state wage payment law violations? Continue reading

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Last month, following an airline’s loss in a religious bias lawsuit brought by a former employee, a Texas federal judge issued a scathing 29-page decision in which he ordered the airline to have three of its lawyers complete 8 hours of religious-liberty training each. Read this post if you want more background on the lawsuit.

Predictably, the airline appealed the lower court’s decision to the Fifth Circuit Court of Appeals. It also asked the sanctioning judge to stay his order requiring training. That last part didn’t go so well.

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Yes, soon after I start recycling old blog posts next month about the liability risks that employees and their poor costume choices present for employers, all private-sector employers with 100 or more employees and federal contractors with 50 or more employees meeting specific criteria can start submitting demographic workforce data, including data by job category and sex and race or ethnicity, to the EEOC. Continue reading

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A company fired one of its employees just ten days after learning about his disability. Although the proximity between the two doesn’t confirm that the employee’s disability motivated the employer’s decision, some other vital factors led a federal appellate court to overrule a lower court’s decision in favor of the employer, thus setting the stage for a jury trial on the plaintiff’s Americans with Disabilities Act (ADA) claims.

I’ll explain why. Continue reading

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A director for a major transit authority applied for two internal promotions. She didn’t get either. Feeling that she was more qualified than either successful candidate, the director reported discrimination internally and later filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission. Among other things, she alleged in the EEOC Charge that, after her internal report of discrimination, she experienced retaliation. For example, she alleged that he performance review scores went down, her workload increased, and some analysts no longer reported to her.

That’s not great. But, is it what the law considers “retaliation”?

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On Friday, the National Labor Relations Board issued a decision in Cemex Construction Materials Pacific, LLC that it claims in this press release will “effectuate employees’ right to bargain through representatives of their choosing and improve the fairness and integrity of Board-conducted elections.”

That’s one way of putting it. Continue reading

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