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 ...

In my opinion, the Supreme Court's decision issued Monday in Wal-Mart v. Dukes is fantastic for employers. Not all class action litigation is a racket, but much of it is, and plaintiffs' lawyers have been known to use the threat of financial devastation resulting from nationwide class suits to pressure employers into paying large settlements.

(No, really? You don't say!)

The Supreme ...

It's legal for me, an adult, to live on a diet of candy bars and milkshakes, but probably not  prudent. (Sounds kinda tasty, though.)

Similarly, in the employment world, what we can get away with is not necessarily what we ought to do.

Jewell Lim Esposito, at our sister blog, Employee Benefits Unplugged, reports the Supreme Court's refusal to review a decision from the U.S. Court of Appeals ...

One of my favorite Christmas movies is the 1947 version of Miracle on 34th Street, but ever since I became an employment lawyer, I have not been able to watch it without thinking about how different the story would be today.

For our readers who are not black-and-white movie buffs, here is a summary of the plot: A nice little old man named Kris Kringle (Edmund Gwenn) is strolling down the ...