Posts tagged David Phippen.

Congratulations on your newly acquired company! Now, what do you do about that union?

Our own David Phippen has the scoop in this article that appeared in Friday's Law360.

Dear Readers: Not that anything in this blog constitutes legal advice anyway, but before you accuse me of legal malpractice based on the following post, please notice today's date. Happy April Fool's Day! Robin

Many employers ask me: "Robin, what are your 'best practices' for workplace sexual harassment?" I'm glad you asked!April Fool's Day.flickrCC.OneWayStock

No. 1: Be sure that your policy on sexual harassment is ...

We now have an April Fool's Day Persuader Rule challenge (but it's real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth Circuit. The other two lawsuits were filed in Arkansas and Minnesota, both in the Eighth Circuit.

Here's our scorecard:

PERSUADER RULE SCORECARD

March 30

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 ...

WellesShadow.Wikimedia.PublicDomain
"Mwah-ha-ha-ha-ha!"

"The boss is a jerk. I dread coming to work every day. I'm treated unfairly. Everyone else gets better treatment than I do. My pay stinks, and my company's paid-time-off policy leaves much to be desired. I should sue!"

The Daily Mail had an article this week about "the moment [employees] started hating their jobs," based on a Reddit discussion ...

Normal Watertower.flickrCC.RossGriff
A perfectly Normal water tower.

I have recommended on this blog and in harassment training that "operations" people (in other words, people who aren't in Human Resources or lawyers) avoid the temptation to investigate workplace harassment complaints on their own.

A commenter asked me last week why I said this. I thanked her for giving me the inspiration for a blog post.

Believe me, I do ...

Last year, Tommy Eden had a post about a gender identity lawsuit in which an employer in Georgia actually won summary judgment. A reader alerted me last night that a panel of the U.S. Court of Appeals for the Eleventh Circuit reversed the decision in part yesterday, finding that the Plaintiff's mixed-motive claim should go to a jury. According to the appeals court decision, there ...

The Equal Employment Opportunity Commission filed a "friend of the court" brief in a sexual orientation discrimination appeal, arguing that sexual orientation discrimination is "sex discrimination" prohibited by Title VII. (Thanks to EEOC General Counsel David Lopez for alerting me.)

I am a skeptic on this subject. Title VII was enacted in 1964, and legend has it that sex ...

Who's been naughty and who's been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments.

NAUGHTY!

MeanSanta.flickrCC.RichardElzey
Santa is not impressed.

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for ...

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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