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The Employer Handbook BlogShare this post with someone who (mis)uses the term “salary exempt.”
Because I’m here to remind you (and tell them) that “salary exempt” generally means nothing unless the employee performs certain duties. Continue reading
A self-proclaimed “dirty old man” did not create hostile work environment. Not even in California.
An employee claiming that she endured sexual harassment must present evidence of “severe or pervasive” conduct based on her sex that was bad enough to interfere with her working conditions or create an intimidating workplace.
When a plaintiff initially presents these claims in court an initial filing, she does not have to detail every sordid fact and incident. Indeed, a short, plain statement of the facts — enough to place the defendant on notice of the claims against it will suffice.
At the same time, those initial claims of sexual harassment must be plausible — even in California, the most employee-friendly state in the country.
Can an employer force an employee to arbitrate ***checks notes*** a charge of discrimination?
Nothing ventured, nothing gained. Continue reading
Here’s something you may not know about hostile work environment claims
Let’s start with what you probably know already — especially if you are an employment lawyer. Continue reading
Why, oh WHY, did a court determine that ASTHMA IS NOT A DISABILITY?!?
To answer that question, I’ll first introduce you to “Jane.” Continue reading
A federal appellate court struck the DOL’s “arbitrary and capricious” tip credit rule for tipped employees
While monkeying around over the past week or so, I took a break from writing. By now, most of you have heard last week’s news about a Texas federal judge setting aside the FTC’s Noncompete Rule. But on Friday, the Fifth Circuit followed up with a decision vacating a U.S. Department of Labor final rule limiting the time tipped employees can spend in non-tipped activities when the employer receives a tip credit.
875,000 reasons why the customer isn’t always right
A staffing company allegedly fulfilling a customer’s discriminatory hiring practices learned this lesson the hard way. Continue reading
Three reasons why a Texas federal court may block the FTC’s noncompete rule nationwide
At noon ET today on Zoom, we aim to cover everything employers need to know now about the Federal Trade Commission’s blunderbuss Non-Compete Rule. (We may have a few seats left. Click here to register for this free Zoom powered by HRLearns.)
If we don’t actually cover “everything” this afternoon, I wanted to highlight here three arguments from a brief that the Society for Human Resource Management (SHRM) filed yesterday in one of the pending lawsuits supporting a nationwide injunction of the Rule. Continue reading
HR told me I was fired for not losing my religion
Well, not me. But, a former employee claimed it happened to him. So, let’s cue R.E.M. and talk about religious expression in the workplace. Continue reading