| by

noun-do-not-disturb-1485222

Imagine getting the call sometime past midnight at an out-of-town national sales conference that you need to immediately investigate a complaint from an employee who says that his female co-worker has sleepwalked into a bed in his hotel room.

That wasn’t on the SHRM-CP exam. Then again, no one forced you to become a Human Resources professional.

At least you’ll have another good story for the next cocktail hour.

Continue reading

| by

noun-syringe-3050429

On Friday, attorneys for over 500 current and former healthcare workers at a Midwest healthcare system announced that they had settled “the nation’s first classwide lawsuit” for employees alleging that they were unlawfully discriminated against and denied religious exemptions from a COVID shot mandate. Continue reading

| by

noun-exploding-1913325

Folks, someday, the U.S. Department of Labor’s Wage and Hour Division (WHD) may darken your door to audit your books and records. Perhaps, they’ll find a violation and require you to pay back wages and liquidated damages. If your next steps involve retaliating against employees who cooperate with investigators and demanding kickbacks of back wages, you will compound those problems.

I told you so.

Continue reading

| by

noun-anatomy-2509247

An employer fires an employee after the company has approved him for intermittent leave under the Family and Medical Leave Act. The employee begins taking leave in separate blocks of time for a single qualifying reason. Then, the employer fires the employee. So the employee claims FMLA interference.

What exactly is FMLA interference? How does an employee prove it? And what are some defenses? Continue reading

| by

noun-fail-3757406

An individual who wants to bring federal disability discrimination and retaliation claims against an employer can’t just go right to court. No, courts would choke with employment lawsuits.

Instead, she must first exhaust her administrative remedies at the U.S. Equal Employment Opportunity Commission by filing a charge of discrimination. But there’s a little more to it than that. Continue reading

| by

noun-overtime-4739815Has anyone ever sued your business for violating the Fair Labor Standards Act? This federal law requires covered employers to pay minimum wage and overtime at time-and-a-half when employees work more than 40 hours in a workweek.

They can be expensive to defend — even the ones that aren’t collective (class) actions.

Continue reading

| by

noun-gavel-1013442

Who is my “source”?

I got the scoop from EEOC Commissioner Andrea Lucas, who updated us on LinkedIn over the weekend about a Tennessee federal judge who entered this preliminary injunction to stop the U.S. Equal Employment Opportunity Commission from implementing this technical assistance document issued in June 2021 that purports to explain employers’ post-Bostock obligations under Title VII concerning dress codes, bathrooms, locker rooms, shows, and use of preferred pronouns or names.

So, where did the EEOC go awry? Continue reading

“Doing What’s Right – Not Just What’s Legal”
Contact Information

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Eric B. Meyer
| All Rights Reserved Worldwide.
JUSTIA Law Firm Blog Design