October 21, 2023
Impact of antisemitic remarks on the workplace
Can an employer legally discipline or terminate an employee and/or rescind a job offer over remarks supporting the recent terrorist actions of Hamas against Israel? The short answer is yes. Private sector employers don’t have to consider whether an individual’s statements are protected by the First Amendment to the Constitution. The First Amendment has no […]
Impact of antisemitic remarks on the workplace
Can an employer legally discipline or terminate an employee and/or rescind a job offer over remarks supporting the recent terrorist actions of Hamas against Israel? The short answer is yes. Private sector employers don’t have to consider whether an individual’s statements are protected by the First Amendment to the Constitution. The First Amendment has no […]
October 14, 2023
Sexual assault charges against MLB pitcher are a reminder that finding who is telling the truth is important
After a night of what was described as “rough sex” in 2021, a woman accused Major League Baseball pitcher Trevor Bauer of sexual assault. The league put him on an extended suspension. She unsuccessfully sought a restraining order against him, and prosecutors declined to bring charges. Bauer filed a lawsuit accusing her of defamation; she sued […]
October 7, 2023
Retaliation lawsuit filed by EEOC gives road map for employers on how not to respond to complaints
The Equal Employment Opportunity Commission recently sued Third Bench Holdings LLC on behalf of three employees, contending that they were retaliated against in violation of Title VII of the Civil Rights Act. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. According to the federal lawsuit filed in the U.S. District Court for the […]
September 30, 2023
Use of the word ‘thug,’ using Trump slogan not racial according to court
Earlier this year, the 4th U.S. Circuit Court of Appeals ruled that use of the word “thug” and using a slogan from former President Donald Trump were insufficient to demonstrate a racially hostile work environment. Kenneth Robinson and Christopher Hall, both Black, resigned from their jobs at Priority Automotive Honda dealership after their new boss, […]
September 23, 2023
Court rules remote work during COVID-19 not a justification for permanent remote work
A U.S. District Court judge for the Eastern District of Virginia ruled earlier this month that a Norfolk Public Schools principal was not entitled to work remotely as a reasonable accommodation after students returned to on-site learning. The principal, Cheryl Jordan, sought to work remotely from Jan. 3, 2021, to June 30, 2021, as a […]
September 16, 2023
After-hours activities like Gibson’s sex scandal can negatively impact one’s job
Personal lives and work lives can collide – and there are increasing examples of the consequences of after-hours activity on our work life. Michigan State Football Coach Mel Tucker is accused of engaging in sexual misconduct with a female vendor from the school. At the center of the case is a FaceTime call that he […]
September 9, 2023
Dept. of Labor proposes changes to Fair Labor Standards Act
The Biden administration is proposing changes to the Fair Labor Standards Act that would expand nonexempt status for workers who would be entitled to overtime compensation. On Aug. 30, the U.S. Department of Labor published a Notice of Proposed Rulemaking, or NPRM, which would require, at a minimum, that certain employees earn at least $1,059 […]
September 2, 2023
NLRB gives unions big reasons to celebrate this Labor Day
The National Labor Relations Board isn’t holding back in making drastic changes to long-standing precedent to make unionizing in American workplaces easier and more certain, giving unions some extra reasons to celebrate this Labor Day. Last month, the NLRB issued a decision touted by the federal agency to be “a new framework for determining when employers […]
August 26, 2023
12 signs your employee is being bullied at work
From investigating countless cases involving workplace bullies, I’ve seen a common theme emerge from the targets of that behavior. A workplace bully can be a supervisor, peer, subordinate or even a customer/client. If your employee tells you things in the following list are happening, listen to the employee and investigate thoroughly. 1. Work means misery. Although […]