Everybody's thankful but us turkeys!

I have much to be thankful for, but as an employers' lawyer, not much in the legal arena. Mostly it's "well, that's bad, but it could have been worse."

So I won't dwell on that. Did you hear about the petitions being signed by employees of several large retailers, objecting to having to work on Thanksgiving Day? Hat tips to Marie Diamond, and to Ashley Lutz

DISCLAIMER: Today's post has absolutely nothing to do with Veterans Day. But thank you, veterans!

Last week, I was pretty hard on Herman Cain and his response to allegations of sexual harassment. Since then, two women have come forward publicly, and all I can do is quote from my partner John Doyle:

*shrugs shoulders and sighs* "Well, you don't get your witnesses from Central Casting."

Poor Herman Cain.

Or, poor young women who used to work for him.

Right now, I'm not sure which because the allegations are murky and anonymous. OK, I do have an opinion, but I'm going to keep it to myself until we get more specifics.

This is not going to be a political post. It's about sexual harassment in the workplace and what employers can learn from Cain's problems, which he brought on ...

Don't these people look happy?

I shouldn't touch this poll with a 10-foot pole, but I just can't help myself.

According to a study recently reported in the ABA Journal, a large percentage of legal assistants prefer working for men (35 percent for male partners, and 15 percent for male associates), and 47 percent had no preference. For those of you who are math-challenged,

35 + 15 + 47 = 97 ...

It could be that the purpose of your life is only to serve as a warning to others.

In any event, that must be what the American Medical Association is thinking. The organization took it on the chin this week in a case involving the Family and Medical Leave Act.

The case is well worth a post-mortem because of what it teaches employers about "causation" in retaliation and protected concerted ...

As they said at Bunker Hill, "Don't fire until you see the whites of their eyes!"

Last week, I wrote about early motions to dismiss employment lawsuits under Rule 12(b)(6) and questioned whether they were always the best strategy for the employer. Most of last week's post simply described the differences between a motion to dismiss, a motion for summary judgment, and a trial, as ...

Human Resources and in-house counsel, please consider this a legal "consumer report." Remember - we offer a "no legalese" guarantee, or your money back!

My fellow employment lawyers, is that Rule 12(b)(6) motion really necessary?

I've spent this week reviewing federal and state labor and employment law decisions for a Bar Association program I'll be presenting at the end of the ...

Do you want a healthy workforce? Of course! But don't overdo it. A too-aggressive wellness program may make your company sick in the long run.

Employers and their insurance companies love wellness programs. They result in reduced premiums as well as (presumably) fewer big-money claims because they encourage employees to take better care of themselves.

Many employers offer ...

Don't eat that pretty red apple, Snow White!!! It has poison in it!!!!

You know the old saying, "If it seems too good to be true, it probably is"? Well, it appears that this may be the case with the new "sweet deal" the Internal Revenue Service is offering to employers who agree to reclassify their "independent contractors" [sic] as "employees" in exchange for some admittedly generous ...

I feel as if all I ever do these days is write about the Americans with Disabilities Act, but what else can I do? In the last six weeks, the Equal Employment Opportunity Commission has filed 21 lawsuits -- count em, 21! -- against employers alleging disability discrimination.

This is in addition to the $20MM settlement with Verizon (which I reported on earlier), not to mention a record high