Does the non-statutory labor exemption save the day?

And happy St. Patrick's Day weekend!

Can you occasionally skip the EEOC and go straight to court if there's a really good reason?

How much do you really know about sexual relationships in the workplace? Take my quiz, and find out!

Bert gives Ernie all the cushy jobs because they're having a consensual affair. Can Ernie's co-workers sue for sex harassment or discrimination?

NO, because Bert and Ernie are both men.

YES, because Bert's favoritism creates a hostile work environment.

NO, because the relationship is ...

YIKES! Lady Gaga: Wage-and-hour lawyer's nightmare!

Lady Gaga has been sued for unpaid overtime by her former personal assistant, Jennifer O'Neill. (No relation to the beautiful star of Summer of '42.) Ms. O'Neill, who has claims under the federal Fair Labor Standards Act and New York state wage and hour law, says that she was at Ms. Gaga's beck and call 24/7 for about 15 months but was ...

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 ...

Last week, my post was about retaliation, and how employers can be liable and how they can defend themselves. As luck would have it, two recent court decisions illustrate beyond my wildest imagination how important this issue can be.

Five years between protected activity and adverse action? No problem! I said last week that most courts find that a six-month or more time lapse between the ...

Plaintiff's lawyer Donna Ballman and The Evil HR Lady have had good posts recently on common employee misconceptions about employment law, including the "right" to see what is in one's personnel file and the "right" to take a break.*

*Depending on where the employee lives, he may have these rights, but in many states he does not. And the federal Fair Labor Standards Act does not require ...