Last week, I posted about the Supreme Court's decision in Vance v. Ball State, a nice win for employers. Here's another: University of Texas Southwestern Medical Center v. Nassar, in which the Court held that a plaintiff seeking to get to a jury on a retaliation claim has to meet an exacting standard of proof.

What the case was about

The plaintiff, Dr. Nassar, was a physician of Middle ...

NOTE TO READERS (7/18/15): Due to a technical issue with the comments, replies that I tried to make to a number of commenters did not "post." I apologize. I think we have everything fixed now, and I've gone back in this morning and replied to just about everybody unless the comment did not seek a response or I couldn't understand the comment. My responses are under the name "InsiderBlog ...

Employers, has this ever happened to you?

An employee in a critical-but-inflexible position -- say, a customer service representative -- asks for "intermittent" leave under the Family and Medical Leave Act. If the intermittent time off is "scheduled," it's usually not too big a problem. Most employers can manage to work around a situation if they know what to expect. They may be able to ...

(As the agencies and courts enter their year-end flurry of mischief, I'll be doing quick posts as needed on the latest developments.)

Dum-da-dum-dum!

The Equal Employment Opportunity Commission has adopted essentially the Strategic Enforcement Plan that I posted about earlier this year. The final version has added "equal pay enforcement" to its list of high priorities. Here is the ...

Remember that Supreme Court decision involving alleged retaliation based on an oral complaint of violation of the Fair Labor Standards Act? The plaintiff in the case is now going to get a jury trial.

In its 2011 decision in Kasten v. Saint-Gobain Performance Plastics Corp., the Supreme Court found that an informal, oral complaint could be "protected activity" under the FLSA and ...

Here are some steaming hot employment law news items for this sweltering mid-July:

EEOC does nothing to protect actor wrongfully terminated because of arrest record. (NOTE: I'm being tongue-in-cheek here.) You have probably heard by now about the arrest of actor Fred Willard for alleged "lewd conduct" in an adult movie theater. Willard denies behaving lewdly apart from being in ...

Here's a strange little case for ya . . .

A loss prevention manager for a major retail store chain -- we'll call her "Loretta" -- had some performance issues in the past but was only five days away from the satisfactory completion of a performance improvement plan. She and a male loss prevention partner were called to investigate a sexual harassment complaint. During the investigation ...

Last week, my post was about retaliation, and how employers can be liable and how they can defend themselves. As luck would have it, two recent court decisions illustrate beyond my wildest imagination how important this issue can be.

Five years between protected activity and adverse action? No problem! I said last week that most courts find that a six-month or more time lapse between the ...

Our friend Judy Greenwald from Business Insurance magazine reported this week that the number of EEOC charges filed in fiscal year 2011 (which ended September 30, 2011) was relatively flat, with the exception of one big category . . . retaliation.

Retaliation is essentially taking action against an employee because the employee engaged in some type of activity that is protected by law ...

It's been another zany week or so in the world of labor and employment law, rivalling Groucho, Harpo, Chico and Zeppo. Here are a few items that jumped out at me. (Each subhead is a line from a Marx Brothers movie or the title of a Marx Brothers movie. Answers at the end.)

"Hurry up, or you'll be late for jail!" Pepsi Beverages (formerly Pepsi Bottling Co.) agreed to a pre-litigation settlement ...