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Employment Law

NLRB: Anti-diversity Google engineer wasn’t illegally fired

02/21/2018

A National Labor Relations Board attorney recommended dismissing an unfair labor practices claim filed by a Google engineer who says he was illegally fired for stating that women are biologically unsuited for computer coding.

Guess who else is invoking #MeToo: the EEOC

02/21/2018

The #MeToo social media movement has been wildly successful at shining a spotlight on the sexual harassment women often experience at work. Now the EEOC has begun using #MeToo in press releases announcing sexual harassment litigation.

States take lead on raising overtime salary thresholds

02/21/2018

The Obama-era plan to raise the salary threshold for overtime-exempt employees from $23,660 to $47,476 died in the courts. Now the DOL says it’s looking into a more modest raise in the threshold—somewhere near $33,000. But some states aren’t waiting.

Impartial discipline: The best defense against bias claims

02/20/2018

Treat all employees impartially and you’ll rarely end up on the losing end of a discrimination lawsuit.

No slack for employees who take FMLA, then get caught breaking your rules

02/20/2018

Employees who take FMLA leave are not immune to discipline discovered while they are out on FMLA leave or after they return to work.

Court: GrubHub drivers are contractors

02/16/2018

A federal judge in California has issued a ruling that should delight gig economy businesses.

Graco alone now opposes Minneapolis minimum

02/14/2018

The Minneapolis ordinance requires large employers (those with $500,000 or more in gross annual revenue) to pay $15 per hour by July 1, 2022.

Note 90-day deadline after EEOC right-to-sue letters

02/14/2018

Employees who receive their EEOC right-to-sue letter have just 90 days to file a federal lawsuit. Advice: Note that deadline as soon as you receive your copy.

Requesting religious accommodation isn’t protected, but that doesn’t kill lawsuit

02/14/2018

Employees who engage in so-called protected activity under Title VII cannot be retaliated against for doing so. But the definition of protected activity is narrow.

Employees have up to two years to file FMLA interference lawsuits

02/14/2018

Employees have up to two years after a request for FMLA leave is denied to file an FMLA interference lawsuit unless the violation was willful.