A federal appeals court panel has come out with a decision interpreting the U.S. Supreme Court's decision last year in Young v. UPS, and the result wasn't too good for the employer.
The Sheriff's Department of Ulster County, New York, provided light duty for employees with work-related injuries but didn't provide it for anyone else. Plaintiff Ann Marie Legg, a corrections officer at the ...
Federal protection for trade secrets, "suitable seating," inadvertent labor trafficking, Uber's status as an employer -- whew!
Be sure to check these out if you haven't already:
*Billy Hammel of our Austin Office and Bill McMahon of our Winston-Salem Office (and my next-door neighbor), with Anna Rothschild of our Washington D.C. Metro Office, are digging into the federal Defend ...
You've heard of sex-based harassment, race-based harassment, and disability-based harassment.
But have you ever heard of Lego-based harassment?
Shawn Roy was terminated from his job because he was allegedly creating and posting on the internet violent and sexually-oriented videos using Legos that allegedly bore resemblance to his supervisors and co-workers. I viewed the one ...
The U.S. Department of Labor, Wage and Hour Division, has issued a new guide for employers on the Family and Medical Leave Act. I've only thumbed through it, but it seems to be pretty nicely done, and has some cute comics about the FMLA request/approval process.
(Seems like Will and Brenda could be a little friendlier, though.)
UPDATE (4/29/16): Here is the new FMLA poster
Congratulations on your newly acquired company! Now, what do you do about that union?
Our own David Phippen has the scoop in this article that appeared in Friday's Law360.
This will be my last "analysis" post on the wrongful discharge provisions of North Carolina's HB 2. (I know you are heartbroken!)
I'll continue to post on breaking HB 2-related news as it develops.
Several commenters disagreed with my contention that Charlotte's human rights ordinance, which was amended to include LGBT rights and then nullified by HB 2, would have been ...
No one is immune from wage-hour payouts. Not even a Human Resources consultant.
California HR consulting firm TriNet has reportedly agreed to pay approximately $1 million in overtime and liquidated damages to 267 employees. The payment is in settlement of a wage-hour investigation conducted by the San Francisco office of the U.S. Department of Labor.
According to the DOL ...
The Washington Post "Fact Checker" column gave Two Pinocchios last week to the "79-cent pay gap factoid." That's the factoid that says women make only 79 cents for every dollar that men make. Debunking that dubious statistic has been my life's work.
And "factoid" was the Post's word, not mine!
I am not just a blogger. I am a prophetess.
Dana Thrasher, head of our Employee Benefits Practice Group, offers her reflections on the U.S. Department of Labor's final Fiduciary Rule and what it means for those who provide investment advice.
And, if you haven't done so already, please do get over to visit our new FOCUS blog for Women Leaders in the Workplace and their friends. Subscription is free. It's cooler than a Harriet ...
NOTE FROM ROBIN: As you know, my main collaborator on HB2-related developments has been my law partner, Jon Yarbrough, who is in our firm's Asheville Office. Jon has offered his thoughts about Executive Order No. 93, which Gov. Pat McCrory (R) signed yesterday.
My initial thought is that Executive Order No. 93 is a whole bunch of nothing cloaked as something.
No. 1 - Regarding ...
NOTE FROM ROBIN: Welcome to our Los Angeles-Century City Office, and to Steve Katz, who will be posting from time to time about the most peculiar of California’s employment laws.
California's wage orders, which regulate working conditions for most industries and occupations, require that "[a]ll working employees shall be provided with suitable seats when the nature of the work ...
Today marks the launch of FOCUS, our firm's new blog for women leaders in the workplace (and their friends and supporters). The inaugural edition features posts by Sarah Phaff of our Macon Office on Women's History Month, and Heidi Wilbur of our Denver Office on Overcoming Stereotype Threats (and Butterflies).
In addition to Sarah and Heidi, other editors and regular contributors ...
Thanks very much to the colleague who just sent me this. Gov. Pat McCrory (R) of North Carolina has signed Executive Order No. 93, which is somewhat of a backtrack on HB 2. Of interest to our readers in the employment community, the Governor declares that he supports restoration of the common-law cause of action for wrongful discharge based on violation of the state Equal Employment ...
For the background on this situation, please see my post from Friday on HB 2. I spoke for almost an hour Friday evening with reporter Greg Lacour from Charlotte Magazine, and he asked me to go through his April 4 article "The HB 2 Provision Few Are Talking About" point-by-point and tell him exactly what I thought was inaccurate. I did, and he told me he was going to publish a correction. I ...
Argh! I was hoping not to have to talk about HB 2 again (North Carolina's notorious "bathroom bill"), but there has been so much misinformation about what it did to wrongful discharge claims that I've just gotta.
UPDATE (6:20 p.m. Friday, 4/8/16): I had a good conversation this evening with Greg Lacour of Charlotte Magazine about his article. We agreed that his article did not ...
A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a "disability" within the meaning of the Americans with Disabilities Act -- even as amended in 2009 -- unless the condition was caused by some underlying physiological disorder.
In addition, if the individual develops a medical condition because of the obesity (such as diabetes or ...
Dear Readers: Not that anything in this blog constitutes legal advice anyway, but before you accuse me of legal malpractice based on the following post, please notice today's date. Happy April Fool's Day! Robin
Many employers ask me: "Robin, what are your 'best practices' for workplace sexual harassment?" I'm glad you asked!
No. 1: Be sure that your policy on sexual harassment is ...
We now have an April Fool's Day Persuader Rule challenge (but it's real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth Circuit. The other two lawsuits were filed in Arkansas and Minnesota, both in the Eighth Circuit.
Here's our scorecard:
PERSUADER RULE SCORECARD
March 30
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
Continue Reading
Subscribe
Contributors
- William A. "Zan" Blue, Jr.
- Obasi Bryant
- Kenneth P. Carlson, Jr.
- James M. Coleman
- Cara Yates Crotty
- Lara C. de Leon
- Christopher R. Deubert
- Joyce M. Dos Santos
- Colin Finnegan
- Steven B. Katz
- Ellen C. Kearns
- F. Damon Kitchen
- David C. Kurtz
- Angelique Groza Lyons
- John E. MacDonald
- Kelly McGrath
- Alyssa K. Peters
- Sarah M. Phaff
- David P. Phippen
- William K. Principe
- Sabrina M. Punia-Ly
- Angela L. Rapko
- Rachael Rustmann
- Paul Ryan
- Piyumi M. Samaratunga
- Robin E. Shea
- Kristine Marie Sims
- David L. Smith
- Jill S. Stricklin
- Jack R. Wallace
Archives
- December 2024
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010