The Supreme Court’s decision in Janus v. AFSCME struck down as unconstitutional the Illinois fair share law and similar state laws, including New York’s. This...
Employers can and should set reasonable standards for how employees let their bosses know they won’t be coming to work. Those rules can require calling in before the...
Despite many courts’ attempts to make the FMLA into the next statute where attorneys utter the dreaded answer of “it depends,” some common mistakes can be avoided.
Under California’s Fair Employment and Housing Act, employers must reasonably accommodate disabled workers with disability leave. If that leave is then used against...
If an employer has a process in place for reporting wrongdoing that includes bypassing one’s supervisor when necessary, employees who don’t take that step can’t...
Government employees have more protection from termination than most private-sector workers do. Example: They have the right to comment on matters of public concern...
The ecclesiastical abstention doctrine essentially says that government cannot interfere unduly with how a religious organization operates. It provides protection for...
The ADA requires employers to consider transfer to open positions as reasonable accommodations for disabled workers. But what if an employee isn’t qualified for any...
Employers that have solid, objective information about poor performance seldom lose lawsuits over the firing of a sub-par employee. Just one caveat: The more objective...
The Pennsylvania Department of Labor and Industry has submitted a proposed rule to amend the regulations that exempt executive, administrative and professional salaried...
If you want to use arbitration to resolve employment disputes without going to court, you have to make sure you have done everything possible to make that agreement a...
Sexual harassment claims are on the rise, in the wake of the #MeToo social media movement. Some alleged harassers are fighting back, arguing that the accusations do...
Workers who sue for harassment must still provide evidence that the motivation for the touching was somehow related to sex and not just part of a pattern of nonsexual...
An employee may claim that the stress of having a difficult boss creates a mental disability such as major depression. She can ask for another supervisor as a reasonable...
We all knew schoolyard bullies, and, if we were lucky, they left us alone. Sadly, research indicates many workers are targets of “workyard” bullies. And workplace...
If you rejected an applicant early in the hiring process because he or she didn’t meet your stated minimum requirements, but then hired someone else who also didn’t...
The U.S. Department of Labor’s Occupational Safety and Health Administration has ordered Chino, California-based Mr. Good Vape to reinstate a manager who reported...
