August 12, 2023
New standard for legality of employer policies
Earlier this month, the National Labor Relations Board announced that it had adopted a new standard for evaluating the lawfulness of certain work rules. In its 3-to-1 decision, the board overruled long-standing standards for evaluating the legality of employer policies, and adopted a new legal standard for policies that are challenged as unlawful under Section 8(a)(1) […]
August 5, 2023
Terminating employees based on an ‘honest belief’ of fraud did not violate FMLA
A lower court’s determination that CSX Transportation violated no laws in terminating employees it suspected of fraud in seeking medical leave was recently unanimously upheld by the 4th U.S. Circuit of Appeals. When CSXT issued furlough notices to employees in West Virginia, more than 65 of them submitted forms requesting to take medical leave based on […]
July 29, 2023
Dept. of Labor announces recovery of millions in unpaid wages against 8 companies
In a span of three days, the U.S. Department of Labor announced it had recovered $2.5 million in unpaid wages for over 450 employees involving eight different companies. As evidenced by the announcements, there is no one industry that continues to violate the Fair Labor Standards Act — a 1938 law that requires non-exempt employees to […]
July 22, 2023
Former employee sues claiming she was terminated because she was not the ‘right kind of Black person’
A former tenured professor at De Anza Community College in California has filed a 53-page lawsuit against her former employer alleging discrimination, wrongful termination and violation of her right to free speech. The former professor, Tabia Lee, was the faculty director for the Office of Equity, Social Justice and Multicultural Education at the school. She […]
July 15, 2023
Think twice before sending an eggplant emoji to a work colleague
In some ways, harassment cases are easier to substantiate these days, thanks to social media, texting and other forms of electronic communications. That isn’t necessarily a good thing – there continues to be inappropriate communications in the workplace – but text communications and other forms of written evidence make the job of the investigator much […]
July 8, 2023
Supreme Court ruling on affirmative action in college admissions changes nothing for employers
The U.S. Supreme Court recently ruled that colleges could not use race as a factor in determining college admissions. Giving preference to race is often referred to as “affirmative action.” The Supreme Court’s decision, and the rhetoric around the analysis by the court, could leave employers wondering about current laws around affirmative action, and their […]
July 1, 2023
Supreme Court strengthens religious freedom protections for employees
The U.S. Supreme Court recently ruled unanimously to redefine the employer’s burden of proof when denying an employee’s request for a reasonable accommodation due to religion. The case, Groff v. DeJoy, involved U.S. Postal Service employee Gerald Groff, who was denied an accommodation to not work Sundays. The employer claimed it was an undue hardship to grant […]
June 24, 2023
Equal Employment Opportunity Commission targets equal pay violations
This month marks the 60th anniversary of the Equal Pay Act. The law requires that men and women receive equal pay for equal work. In launching its “#LevelThePlayingField” campaign this summer, the U.S. Equal Employment Opportunity Commission, which enforces the law, announced that in the past five years, the agency has recovered $65.9 million for individuals filing […]
June 17, 2023
10 employer tips for responding to an EEOC charge of discrimination
Applicants who are denied employment or employees who are disciplined or disgruntled will frequently threaten to sue their prospective employer or employer, contending they have been discriminated against or harassed in some way due to a protected characteristic, including race, gender, national origin, religion, color, disability. Under federal discrimination laws, applicants and employees can’t just […]
June 10, 2023
Are you in a legally actionable ‘hostile work environment’?
Employees will frequently characterize their workplace as a “hostile work environment.” Employees who are bullied or harassed might well be in such an environment, but they might not be in a legally actionable one. This is because the cause of action for a hostile work environment requires specific elements. The 6th U.S. Circuit Court of […]