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Employment Law

Good faith wins, even if you might have been wrong

05/31/2019
Courts almost never second-guess employers’ decisions—even dubious ones—as long as they are confident the decisions were made in good faith.

Beware ‘back-door’ bias claims under Section 1981

05/31/2019
A growing number of employees are taking a back-door approach to filing racial bias suits, one with the potential for a bigger windfall.

Suspend attendance amnesty during FMLA

05/31/2019
Many employers let employees “work off” points they rack up for absenteeism and tardiness. A new federal court ruling says employers may stop the clock from ticking while an employee is out on FMLA leave.

Court: Sexual orientation bias isn’t sex bias

05/31/2019
In a case with an unusual twist, a federal appeals court has ruled that Title VII’s prohibition against sex discrimination doesn’t extend to discrimination based on sexual orientation.

100%-healed policy = $950,000 settlement

05/31/2019
Do you have a policy requiring injured workers to be 100% healed before they can return to work? Do you automatically terminate workers who try to come back with medical restrictions or who say they need more time off? Then get ready to write a big check.

Administration’s employment law agenda priorities revealed

05/29/2019
The Trump administration’s Spring Regulatory Agenda—essentially the government’s policy to-do list—lays out an array of goals affecting employment law.

Using staffing firm won’t let you off the hook

05/23/2019
Some employers believe buying labor through a staffing or temp agency can insulate them from legal liability. They’re wrong! In fact, both the staffing company and its client may get caught up in litigation over alleged discrimination.

Democrats mount effort to roll back anti-union initiatives

05/21/2019
A bill introduced by House Democrats in early May would outlaw state legislation that lets employees in unionized workplaces opt out of paying union dues.

‘Equality Act’ would make anti-gay discrimination unlawful

05/21/2019
Discrimination on the basis of sexual orientation or gender identity would be a violation of Title VII of the Civil Rights Act if legislation that passed May 17 in the House of Representatives becomes law.

DOL, NLRB decide: Gig workers are contractors

05/21/2019
Two recent federal government decisions make it clear: Gig economy workers such as Uber drivers and online app-enabled repair persons face an uphill battle in the fight to be recognized as employees and gain all the rights employees enjoy.