Employers can hope, but that doesn't necessarily mean change.

Tuesday night's Republican rout in the midterm elections was big news, but is it much ado about nothing from an employer's standpoint? Here are a few reasons not to become too giddy (if you were happy about the outcome) or too depressed (if you weren't):

1. Although the GOP will have control of the Senate, it does not have the 60 senators needed to override a presidential veto. So, even though House Speaker John Boehner (R-Ohio) and Sen. Mitch McConnell (R-Ky.), presumably the next Senate majority leader, are saying they'll work to repeal or partially roll back the Affordable Care Act, expect to see an actual vote that is largely symbolic. The President is expected to veto any but the most incremental legislation, and the Republicans won't be able to do anything about it unless they can find six moderate Democrats to join them. Are there any moderate Democrats left after Tuesday?

The Equal Employment Opportunity Commission has been on a tear this week, suing employers right and left, and getting some "wins" including a couple of big settlements . . .

Train-wreck boss. The U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) vacated a summary judgment decision for a Tex-Mex restaurant franchisor that had been sued by the EEOC because ...

You all know that I love telecommuting, although it works better in some instances than in others.

Before any employer starts a telecommuting program, it should ask itself three questions:

1) Does the job lend itself to a telecommuting arrangement? (You can't very well assemble Cadillac Escalades from your home office, now can you?)

2) Is the employee's home worksite conducive to work ...

As most of you have heard, the Congressional Budget Office reported this week on the effects of the Patient Protection and Affordable Care Act (aka "ACA," aka "Obamacare") on employment.

The media messed up in its first accounts of the CBO report, saying that the Affordable Care Act would result in a loss of more than 2 million jobs. The clear implication, if not direct statement, was that ...

So what's the real deal with the Employment Non-Discrimination Act?

Yesterday's passage by the U.S. Senate, 64-32, of the ENDA, which would prohibit employment discrimination based on sexual orientation or gender identity, does not mean that the ENDA will become the law of the land -- at least, not for now.

Media reports have, with some justification, focused on the historic facts that ...

This has not been a good week for lawyers. First, we heard about the married Minnesota lawyer who had a sexual relationship with a client (a major ethical violation in itself) and then had the nerve to bill her for his time! Whether a special billing rate applied to criminal conversation is not disclosed. Hey, by the way, which task code would this fall under?  "Appear for/Attend ...