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How did a plaintiff with no lawyer convince a federal appellate court that he had a viable FMLA claim?
The surprise will quickly disappear once I share the facts from this recent Third Circuit decision. Continue reading
The surprise will quickly disappear once I share the facts from this recent Third Circuit decision. Continue reading
Like saying, “It depends,” you can count on a lawyer blogging about cannabis and employment law to drop a marijuana pun in the title of the post. Continue reading
Credit: Office of Commissioner Andrea R. Lucas
Late last week, as I enjoyed the FisherBroyles partner retreat (responsibly-ish) in Nashville, the U.S. Equal Employment Opportunity Commission released a new resource on pregnancy discrimination.
Spoiler alert: The Dallas Cowboys won’t make the playoffs this season resource doesn’t contain any game-changing new information about pregnancy and pregnancy-related disability discrimination. However, as the title of this post indicates, the EEOC has provided an excellent primer for less experienced HR professionals and those who could use a little refresher on the basics. Continue reading
Jerk employees are responsible for creating most of the hostile work environment claims I get hired to defend.
Selfishly, a professional perk of a changing White House administration is the business that follows from counseling clients on the new rules when administrative agencies change their rules. For example, as a holdover from the Trump Administration, the Republican majority at the National Labor Relations Board implemented a new joint-employer rule. Continue reading
An HR employee claimed that her age motivated her employer’s decision not to select her for a Human Resources Talent Consultant (HRTC) position after the company restructured the HR Department.
Why? Because decision-makers allegedly said on a conference call that they were looking for “fresh new blood” to fill the HRTC role.
Is that code for age discrimination?
I read a recent Sixth Circuit decision. A physician group fired the plaintiff, a nurse, months after she suffered an accident. The group’s subsequent bankruptcy impeded the plaintiff’s efforts to hold it liable for employment discrimination under the Americans with Disabilities Act of 1990 (ADA).
Did that stop her from suing for ADA violations? Obviously not, or I wouldn’t be blogging today. Continue reading
Earlier this month, the U.S. Department of Labor announced that an investigation into a Japanese restaurant had uncovered violations of federal wage and hour laws, resulting in 75 servers, sushi, and hibachi chefs not receiving all of their legally earned wages.
The final bill was $171,834.
That’s a lot of toro and high-end sake. Continue reading
Under the Family and Medical Leave Act, an employer can insist that employees comply with the company’s “usual and customary” absentee notice procedures. Often those call-out procedures are part of written leave and attendance policies.
But, as one company found out the hard way, “usual and customary” absentee notice can transcend formal policies and procedures when managers bend the rules.
The local and national news outlets were buzzing yesterday about a family toting around a five-foot reptile in Philadelphia’s Love Park last week.