Effect of Election 2016 on labor and employment law. We asked our practice group heads and some thought leaders to tell us how they think employers will be affected by a Trump Administration on specific labor and employment law issues. This client bulletin is packed with prognostication about what we may see in the areas of affirmative action and OFCCP compliance, litigation and ...

There is great rejoicing among federal contractors since a federal judge in Texas has preliminarily blocked the "Fair Pay and Safe Workplaces" rules from going into effect. Absent the court's action, the rules would have taken effect for the largest contractors this past Tuesday, and for some smaller ones in 2017. The case is far from over, but this is a major interim victory ...

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 ...

UPDATE (April 1): Here's the latest challenge, filed today in federal court in Texas.

UPDATE (4:33 P.M. EDT, 3/31/16): A second challenge to the Persuader Rule has been filed today in federal court in Minnesota.

Like the first robin in spring, here is what we believe is the first lawsuit challenging the "Persuader Rule," issued last week by the U.S. Department of Labor. The suit was filed ...

UPDATE (April 1): Here's the latest challenge, filed today in federal court in Texas.

UPDATE UPDATE (4:36 P.M. EDT, 3/31/16): Now a second lawsuit has been filed, in federal court in Minnesota.

UPDATE (Approx. 8 A.M. EDT, 3/31/16): Boom! Here is what we believe is the first lawsuit challenging the rule, filed yesterday in federal court in Arkansas. The plaintiffs include trade ...

The Equal Employment Opportunity Commission has been on a tear this week, suing employers right and left, and getting some "wins" including a couple of big settlements . . .

Train-wreck boss. The U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) vacated a summary judgment decision for a Tex-Mex restaurant franchisor that had been sued by the EEOC because ...

Do you think you have that employee termination all buttoned up, and no one will be able to challenge you? Defending that EEOC charge will be a slam dunk? No plaintiff's lawyer in his right mind would represent your soon-to-be-ex employee?

Are you sure about that? Can we talk?

Don't commit these five firing faux pas*.**

*This is not an all-inclusive list. There are probably more than five.

Last week, the Equal Employment Opportunity Commission filed suit against Wisconsin-based Orion Energy Systems, Inc., over its wellness program and its treatment of ex-employee Wendy Schobert, who was not a fan of the program. The lawsuit contends that the program's health risk assessment is an unlawful "medical examination" and that the company retaliated against Ms. Schobert ...

Abercrombie & Fitch has won a huge victory in one of its Muslim hijab-accommodation cases -- but will the decision stand?

As you know, the Equal Employment Opportunity Commission has filed two lawsuits against Abercrombie in California -- both of which have now settled -- but there was another one in Oklahoma, and it may be the most interesting of them all.

The EEOC won summary judgment ...