If you want your arbitration agreement to be enforceable, don't give it to your employee to sign while she is drunk and practically naked. At least, not in California.

As an employer, what can you do to protect yourself when one employee claims severe sexual harassment and the other party denies it or claims it was all consensual?

The Marchuk v. Faruqi & Faruqi trial (daily updates here) is far from over, but that case, as well as one involving CRST Van Expedited in California, provide some valuable opportunities for us to learn from other employers ...

As NFL Commissioner Roger Goodell can tell you, it isn't easy for an employer to handle off-duty domestic violence situations.

Sometimes your employee is the victim. If so, you may have someone who is distracted, scared, upset, or frequently absent because of physical injury or psychological trauma, or court appearances. She (or he - men can be victims, too) might be spending too much ...

It has been a busy week. Muslim headscarves, tech exec's tweets get him fired, and Lady Gaga is going to trial!

UPDATE ON LADY GAGA (10/22/13): She has settled her case.

Abercrombie gets fitched, and HR doesn't always get it right. I have previously reported on the litigation against Abercrombie & Fitch and its "looks policy" which at one time did not allow head coverings, even if worn for ...

Chutzpah is "that quality enshrined in a man who, having killed his mother and father, throws himself on the mercy of the court because he's an orphan."

(Dang, Leo Rosten, you were good!)

Well, anyway, that brings us to Mayor Bob Filner of San Diego, California. Home of Ron Burgundy and Veronica Corningstone.

Now that I think about that -- uh-oh.

I almost missed the Filner story because I've ...

                          If you ever plan to motor west,

Travel my way, take the highway that is best.

Get your kicks on Route 66.

It winds from Chicago to LA,

More than two thousand miles all the way,

Get your kicks on Route 66.*

OK, kiddies -- jump into my '55 T-bird, and let's take off on old Route 66, from Chicago to L.A., more than two thousand miles all the way! If you promise to behave, I'll let you ride with the top down.

UPDATE (7/2/13): As promised last week, here is a link to a bulletin on the Windsor decision and its effects on all types of benefits programs by Brian Magargle in our firm's Columbia, SC, office.

This week's Supreme Court decision in United States v. Windsor, striking down Section 3 of the Defense of Marriage Act as unconstitutional, should simplify administration of spousal leave ...

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 ...

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 ...

What a year, am I right or am I right? Here is a catalog of the major employment and labor law developments from 2011. And, just to keep it entertaining, I've started off each month with a weird but true off-topic story that was in the news that month. Many thanks to Drudge Report archives for the strange stuff. Thanks also to Esquire magazine's annual Dubious Achievement Awards (sadly ...