Just a quick reminder to employers to PRESERVE THEIR RECORDS when litigation is not only pending but also threatened.

If you wait until the sheriff serves you with a summons and complaint, you may have waited too long. "Threatened" includes getting a demand letter from an attorney, or receiving an administrative charge or complaint, or any reasonably objective indication that legal ...

UPDATE (Dec. 7, 2015): The EEOC has extended the comment period on its proposed GINA-wellness rule by 30 days. The new comment deadline is January 28, 2016.

Earlier this month, I had a relatively short post on the proposed rule on wellness incentives and the Genetic Information Nondiscrimination Act issued by the Equal Employment Opportunity Commission. I also promised a more ...

January 27 at the Marchuk v. Faruqi sexual harassment trial: Judge Alvin Hellerstein has denied Alexandra Marchuk's request for an adverse inference instruction based on Faruqi's destruction of the alleged blood-stained carpet in Juan Monteverde's office. Judge Hellerstein noted that Ms. Marchuk admitted in her trial testimony that she asked Mr. Monteverde to hide the stains ...

NOTE: Thanks to an attorney reader, who suggested last week that I put my Faruqi trial updates in separate posts to make it easier for people to find them on Google and other search engines. I thought that was a good idea, so I'll do that with my remaining posts. (Testimony is supposed to wrap up this week, and possibly today.) Prior coverage is available here and here.

PARENTAL ADVISORY: This ...

An article by Lauren Weber and Rachel Feintzeig in Tuesday's Wall Street Journal caught a lot of attention -- it was about companies that have made the decision to do without a Human Resources function.

The idea drew some positive response on Twitter:

HR stifles innovation and bogs down businesses with inefficient policies and processes. http://t.co/5cGRIwHaxR

— Mike Brice ...

It could be that the purpose of your life is only to serve as a warning to others.

In any event, that must be what the American Medical Association is thinking. The organization took it on the chin this week in a case involving the Family and Medical Leave Act.

The case is well worth a post-mortem because of what it teaches employers about "causation" in retaliation and protected concerted ...