Many, many years ago, as an associate, I got to help defend the worst harassment investigation of my career. The entire investigation went essentially like this: MANAGER: "Lucy [not her real name] says you sexually harassed her. Is that true?" ACCUSED: "I ain't crazy." *End of investigation.* Oh. Except that the manager documented it, too. *Head slap* .

 In this manager's defense, he was ...

It has been a long time since we talked about the Family and Medical Leave Act, but a couple of interesting and noteworthy decisions came out this week from Way Out West.

Our first case, from a federal district court in Oregon, answered the following question:

Can an employer require a doctor's note every time an employee takes intermittent FMLA leave?

YES

NO

C'mon! Even if he's an abuser?

The National Labor Relations Board has taken the position that many garden-variety employment policies violate the law. These rulings place employers in a “Catch 22”—if employers rescind the policies, they could have trouble defending themselves in unemployment cases, wrongful termination lawsuits, or before government agencies like the Equal Employment Opportunity ...

After having expressed concern (here and here) that penalizing employees for not participating in "voluntary" wellness programs may render the programs . . . er . . . involuntary*, my view was somewhat vindicated this week by Rep. Louise M. Slaughter (D-NY) in a letter that Rep. Slaughter sent to the Equal Employment Opportunity Commission.

*Under the Americans with Disabilities Act ...

Five quick takes this week (and I do mean quick) because my family reunion is this weekend.

I never thought deep-frying macaroni and cheese demonstrated particularly good judgment . . .  Paula Deen needs to button her lip. Here is the National Enquirer blurb that broke the story. And here is the full transcript of her actual deposition testimony.

Should customer bullying be a component of ...

Are you in retail, fashion, or marketing, and getting ready to reject a job candidate because he or she doesn't have the "look" you want?

You might want to look before you leap. Or before you have to go to trial in front of a California jury against the Equal Employment Opportunity Commission.

The apparel chain Abercrombie & Fitch is learning that the hard way.

Abercrombie was sued a while ago ...

By David Phippen, Fairfax Office

UPDATE: David's client bulletin analyzing the D.C. Circuit's Noel Canning decision is available here.

The U.S. Court of Appeals for the District of Columbia Circuit struck down today the "recess appointments" of Sharon Block and Richard Griffin to the National Labor Relations Board. Without Members Block and Griffin, most of the Board decisions ...

Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on.

"Ha-ha! We were just kidding!"

UPDATE: Thanks to reader John Perkins, SPHR, for the 2013 Mayan Calendar. Most educational!

"Near occasion of sin" is a legitimate ground for termination, Iowa court says. You've probably already ...

The U.S. Court of Appeals for the Eleventh Circuit* has held that employers may use "sticks" to encourage participation in wellness programs as well as "carrots," if the wellness program is part of a group health or other benefit plan.

*The 11th Circuit hears appeals from federal courts in the states of Florida, Georgia, and Alabama.

Let me back up and explain the issue a bit.

**NERD ALERT ...

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 ...