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Employment Law

Gender pay gap narrows to 85%

03/24/2025
The pay gap between women and men is shrinking—slightly—according to an analysis of Census Bureau data by the Pew Research Center.

Supreme Court hints it will set one standard for reverse-discrimination cases

03/21/2025
Ames v. Ohio is a reverse-discrimination case—one in which a member of a majority group claims that they were discriminated against because the employer favored a member of a minority group. What the Supreme Court will decide is whether majority group members must overcome additional obstacles before taking their discrimination cases to trial.

Employer’s ‘honest belief’ is enough for FMLA defense

03/19/2025
You are not liable if you fire an employee because you honestly but mistakenly believed they weren’t entitled to FMLA leave. The 4th Circuit said so and the Supreme Court affirmed the 4th Circuit’s decision by turning down the employee’s appeal.

Judge orders reinstatement of fired NLRB member, restoring quorum

03/17/2025
A federal judge on March 6 ruled that President Trump acted unlawfully when he fired National Labor Relations Board member Gwynne Wilcox in January. Judge Beryle Howell of the U.S. District Court for the District of Columbia ordered Wilcox’s reinstatement to the board, and she resumed her duties on March 10.

Executive order takes aim at law firm, targets DEI activities in legal industry

03/17/2025
The order ostensibly targets the firm’s hiring and promotion policies, which it characterizes as “blatant race-based and sex-based discrimination.”

Title alone doesn’t make ‘supervisor’ exempt from overtime

03/17/2025
It’s up to employers to make sure exempt employees perform the genuine duties of an exempt employee. Simply calling someone a manager, executive, professional or highly compensated worker isn’t enough. Their job as performed must meet the test, too.

A tale of two approaches to noncompete agreements

03/13/2025
Don’t overuse noncompetes just because you can. Tailor your agreements to what you actually need to protect.

Yes, body odor could require reasonable accommodations

03/13/2025
Correcting slipping hygiene may be unpleasant, but it’s necessary. Reiterating company policies on dress and grooming should do the trick unless the problem runs deeper than relaxed standards. That’s where the Americans with Disabilities Act comes in.

Court rejects telework accommodation for supervisor

03/13/2025
A federal trial court has rejected an ADA telework claim for a worker supervising subordinates.

Court orders trial in abortion discharge case

03/13/2025
The Pregnant Workers Fairness Act bans retaliation for exercising rights under the law, including receiving medical care related to pregnancy.