The Equal Employment Opportunity Commission issued last week a proposed Enforcement Guidance on Retaliation and Related Issues that would update guidance issued in 1998. If you're an in-house attorney or a Human Resources professional, I recommend that you read the whole thing. But to keep things digestible on this blog, I'm going to do a series of posts (three in all, I think, but I ...

"An apple a day keeps the doctor lawyer away." Here are five easy and inexpensive things that employers can do to minimize their risk of being sued and maximize their chances of victory if they do get sued. None of these involve major expense, or even the use of lawyers.

1. Err on the side of treating your workers as (a) non-exempt and (b) "employees." Let this be your default ...

Watch out -- if you show your a** too much, you may not win your retaliatory discharge case.

A federal judge in New Jersey granted summary judgment to an employer in a Title VII retaliation case. Happens all the time. But this plaintiff -- we'll call him "Ryan," because that's his name -- was fired after he had signed an affidavit supporting a co-worker's discrimination claim against the ...

Happy Thanksgiving, y'all! I know we have plenty to be miserable concerned about, but that is not my role today. Here, in no particular order, are five labor-and-employment-related things for which I am thankful. (Crabbiness returns next week.)

"Please, sir, may I have some more gruel? Amazing how tasty it is when you're starving!"

1. OK, I am completely serious now. You, my clients, and ...