Do you know the difference between an idle threat and a serious one?

Your kid plays a joke on you, and you respond, "I'm gonna kill you" while laughing at the joke. Idle threat, or serious?

A co-worker tells you she will slash your tires if you vote against the union. Idle threat, or serious?

A co-worker tells you that she heard from another co-worker that yet another co-worker said she would ...

I admit it.  I have a crush on Justice Thomas.  Today’s unanimous Supreme Court opinion in CRST Van Expedited, Inc. v. EEOC – holding that a merit-based dismissal is not necessary for a defendant to qualify as the “prevailing party” in a Title VII case – would make any employment defense lawyer’s heart skip a beat.

But the majority opinion is not what caused me to swoon. Justice ...

A semi-recent article in the New York Post -- "The Corporate 'Cure' for Sexual Harassment Only Feeds the Disease" -- cited a couple of studies that allegedly proved that sexual harassment training is worse than doing nothing because it makes men resentful and more likely to tolerate harassment.

Wow. That's terrible!

Except that it's not precisely true. What these studies ...

"Do this, don't do that, can't you read the rules . . ."*

Of course, the mega-topic this week was the U.S. Department of Labor's Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act. Ellen Kearns, co-chair of our Wage and Hour Practice Group, wrote a great Client Bulletin on the Rule, taking a complex subject and explaining it in a pithy and ...

BREAKING NEWS:  CALIFORNIA FALLS INTO THE SEA!

Well, not exactly.  But some natural phenomena occur only once or twice in a lifetime—like Halley’s Comet, or the turn of the Millennium, or the Mets winning the pennant.  Another one happened today:  the FLSA has become more protective or workers than California law, which is ordinarily the nation’s statistical outlier in the ...

Vice President Joe Biden is expected to announce the official release of the U.S. Department of Labor's new overtime rule this afternoon in an appearance at Jeni's Splendid Ice Cream in Columbus, Ohio. I'll post the rule, which will change the white-collar overtime exemptions to the Fair Labor Standards Act, as soon as it's available. Meanwhile, the DOL has already released the ...

Starting in January, California has rolled out Equal Pay Legislation 2.0—the new generation in equal pay legislation. It has become the first jurisdiction to adopt a true "comparable worth" standard for pay equity.We Can Do It.flickrCC.SBT4NOW

Typically states follow the federal Equal Pay Act to require that employers pay men and woman alike for “equal work” which requires “equal skill, effort or ...

The Equal Employment Opportunity Commission came out this week with a fact sheet dealing with leaves of absence and the Americans with Disabilities Act. First, I say kudos to the EEOC for again providing good, readable, not-overly-technical "preventive" guidance for employers. Second, let's see what you know about the EEOC's position on leaves and the ADA. (Answers are at the ...

Heather Owen of our Jacksonville Office and FOCUS blog editor, has a nice meditation on Mother's Day and what it means for professional women.

You won't want to miss "The 'Mores' of Professional Moms."

*President Obama signed the Defend Trade Secrets Act into law on Wednesday afternoon. Billy Hammel, Bill McMahon, and Anna Rothschild have provided outstanding analysis of the law and what it means for employers in this Client Bulletin.

*And, speaking of Billy Hammel, he had a great blog post this week on the White House Report on Non-Compete Agreements. (Preview: The White House isn't ...

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). 
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