defines covers all employers that employ at least one employee for each working day during each of 20 or more calendar workweeks in the current or preceding year. How does…
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In rejecting an employee’s claim that DEI training fostered a hostile work environment, a federal appellate offered a stern warning to employers
of color, and that `whiteness’ and `white supremacy’ affect all `people of color within a U.S. context.’” The defendant moved to dismiss the plaintiff’s complaint on the basis that it…
Here’s how bad documentation can cost a company big bucks when a former employee sues
…the plaintiff on a PIP. Later, the defendant fired the plaintiff when he failed to comply with the PIP’s requirements. The plaintiff claimed that his termination and the events leading…
Employers must adjust employee performance standards to avoid penalizing employees on FMLA leave
help integrate new operations into the company. Her deadlines were tight; the company provided just four months to absorb and train employees following two recent acquisitions. During this period of…
Is complaining about a hostile work environment enough to support a retaliation claim? Maybe. Maybe not.
thing here. It took the plaintiff’s complaint seriously and took reasonable steps to stop the complained-of behavior by investigating it. But complaints of general mistreatment—especially when not based on a…
When an employee sues, what law applies when they’ve worked in two states?
Famartin, CC BY-SA 4.0, via Wikimedia Commons I read a recent NJ federal court decision where a plaintiff began working for the defendant in New Jersey but later…
A federal judge has nixed the NLRB’s proposed new joint-employer rule
control over one or more essential terms and conditions of employment.” The problem with that analysis, the court reasoned, is that “the second test is always met if the first…
Here’s what happens when a judge catches a plaintiff fabricating evidence of sexual harassment
She testified that she received the text messages on an iPhone 5 with a cracked screen, which made it impossible to take a screenshot of the texts. So, she took…
Can states legally ban “woke” training in the workplace?
advances, inculcates, or compels” a certain set of beliefs. The list of banned subjects generally relates to “woke” teachings on race, color, sex, or national origin. Florida employers can host…
An employer that fired an employee for a positive marijuana test may have discriminated against him too.
…65 employees seeking FMLA simultaneously with the same doctor’s notes? The Fourth Circuit Court of Appeals concluded that the company suspected shenanigans, investigated the matter thoroughly, and terminated these employees…