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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.

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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.

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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 afternoonI 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

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Kind of sounds like the start of a beautiful movie or novel, doesn’t it?

Unfortunately, however, it became more Lady Gaga. Or, more precisely, the writings of the Fourth Circuit Court of Appeals adjudicating an on-again-off-again sexual relationship between the “lovers” who became “colleagues” in the “workplace” and, later, plaintiff and defendant in a quid pro quo sexual harassment lawsuit.

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