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Employment Law

Scalia gets nod to become next secretary of labor

07/23/2019
President Trump announced July 18 that he would nominate Eugene Scalia to replace Alexander Acosta as secretary of labor.

Anti-military bias is self-inflicted wound

07/23/2019
Warn all your supervisors: Discriminating against employees because of their military service is against the law. That means no one in a position of power may make negative comments about employees who must participate in military training sessions as part of their reserve duties.

Expanded definition of sexual harassment may be wave of future

07/19/2019
Laws recently enacted by the state of New York may signal a new standard for deciding what constitutes sexual harassment.

NLRB changes solicitation rules to favor employers

07/19/2019
The National Labor Relations Board in June issued a decision that reversed a longstanding precedent by holding that employers may bar nonemployee union representatives or organizers from soliciting employees or promoting union membership in public areas within an employer’s facility.

State of NY bans bias on the basis of hairstyles

07/19/2019
New York has become the second state to make it unlawful to discriminate against employees or applicants on the basis of the person’s hairstyle.

Classic ADA accommodation: Adjust work schedule

07/19/2019
Schedule changes may be inconvenient, but they’re an easy way to accommodate many disabilities. Courts aren’t likely to sympathize with employers that refuse to adjust a disabled employee’s schedule.

Retaliation claim can stick even if bias claim fails

07/19/2019
One of the worst mistakes an employer can make is to punish a worker for a baseless discrimination complaint. Retaliating may give that worker a winning lawsuit claim even if the original discrimination case had no chance.

Warn managers: Snide remarks, dismissive comments could trigger a lawsuit

07/19/2019
Sometimes, a manager who doesn’t like an employee will find a way to lash out while staying within the letter of anti-discrimination laws. Example: Refusing to address an employee by name, but instead using a dismissive term, can be a big mistake.

Court rejects request to add novel claim

07/19/2019
Good news at a time when employees are finding more ways to sue: A federal court has rejected a novel claim that could have spelled trouble for employers.

Timely documentation: Your best legal defense

07/18/2019
What’s the best thing employers can do to win more lawsuits? Document every workplace decision contemporaneously, at the time you make it.