We're already into the seventh day of Chanaukkah, and Christmas is only eight short shopping days away ("I've gotta get that football helmet!"), so it must be time for a post on how employers should handle the holidays in the workplace.
Suzanne Lucas of The Evil HR Lady has a depressing-but-funny post about the lamest employee Christmas gifts ever.
And, only slightly off-topic, you may ...
Remember that Supreme Court decision involving alleged retaliation based on an oral complaint of violation of the Fair Labor Standards Act? The plaintiff in the case is now going to get a jury trial.
In its 2011 decision in Kasten v. Saint-Gobain Performance Plastics Corp., the Supreme Court found that an informal, oral complaint could be "protected activity" under the FLSA and ...
My colleague and fellow blogger Jon Hyman had an excellent post this week about the settlement in the Dura Automotive case -- in which the company tested its employees for both illegal and legal drugs. And that wasn't all -- according to the press release of the Equal Employment Opportunity Commission, employees who tested positive for the designated legal drugs were required to state ...
Here are some steaming hot employment law news items for this sweltering mid-July:
EEOC does nothing to protect actor wrongfully terminated because of arrest record. (NOTE: I'm being tongue-in-cheek here.) You have probably heard by now about the arrest of actor Fred Willard for alleged "lewd conduct" in an adult movie theater. Willard denies behaving lewdly apart from being in ...
Many thanks to Nathan Johnson for submitting this guest post!
Here is a brief breakdown of this week's 5-4 Supreme Court decision in Christopher v. SmithKline Beecham Corp., which held that pharmaceutical reps are subject to the "outside sales" exemption to the overtime requirements of the Fair Labor Standards Act. The Court split along the expected lines: Justice Samuel Alito wrote ...
Giddyap! It's been a short week, but we have tons to talk about in the labor and employment law world!
Thinking out loud about the impact of yesterday's DOMA decision on the Family and Medical Leave Act. The U.S. Court of Appeals for the First Circuit* held yesterday that Section 3 of the federal Defense of Marriage Act was unconstitutional. Section 3 provides that, for purposes of ...
As you all know, the Americans with Disabilities Act excludes "current users of illegal drugs" from protection. Meaning that an employer is free to take action against applicants or employees based on their current use of illegal drugs.
A question that has arisen a few times, and which I've managed to sidestep, has been this: What about current use of medical marijuana? Assuming the ...
It seems like such an insignificant little case, but it's really a can of exploding snakes.
An Illinois woman who was terminated after she was caught working during her lunch period has won her claim for unemployment. (The employer said that she was not terminated for working but for her behavior after she was confronted about the unauthorized work.)
Your gut reaction was probably the ...
After a great holiday feast, isn't it fun just to eat the leftovers? Like a nice, cold roast beast sandwich with a wedge of leftover pie? Yum!
Here are some great labor and employment blog "leftovers" from the holidays that I hope you will enjoy as much as I did, followed by a few new year's resolutions for employers and employees. Please add to my list!
In case you were chillaxin' last week and ...
Here are the rules, as simply as I can state them:
1. If actual work is performed, you've almost always gotta pay. 99.99999 percent* of the time. This is so, whether the work is performed at the office or factory, at a customer's or client's site, at the employee's home, in the employee's car, in a hotel room, at McDonald's, in a parking lot, in a dark alley, ANYWHERE. And, yes, "work" can ...
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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