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LGBTQ Rights in Employment: Does it Boil Down to the “Bathroom Use” Question Again?

by Eric Roth

Dec 6, 2019

When the first transgender discrimination case reached the U.S. Supreme Court, Chief Justice Roberts asked, “What do we do about bathrooms?” Now, The Supreme Court has been asked the question: Does Title VII of the Civil Rights Act of 1964, which prohibits sex...

What to Expect When Employees Are Expecting

by Kelly S. Riggs

Dec 5, 2019

During the summer of 2019, the Oregon legislature passed two bills broadening protections for pregnant and lactating employees, including extending lactation break requirements to apply to employers of all sizes, requiring more flexible lactation breaks, and expressly...

There Is No Delay When It Comes to FMLA: Union Workers Cannot Delay FMLA Leave According to Recent DOL Opinion Letter

by Caroline Kane & Tracey Truesdale

Dec 4, 2019

The Wage and Hour Division (WHD) of the U.S. Department of Labor has issued guidance that collectively-bargained leave policies cannot supersede the requirements of the Family and Medical Leave Act (FMLA), even if the bargained-for policies are more generous. In...

As sure as today is Cyber Monday, your employees are shopping from work

by Jon Hyman

Dec 2, 2019

Today is Cyber Monday, the biggest online shopping day of the holiday season. In fact, it is estimated that today will be the biggest online shopping day ever, with over $9.4 billion in sales. And, guess what? Given that most of those doing the shopping will be...

It Starts at the Top

by Barbara E. Hoey & Nidhi Srivastava

Nov 25, 2019

What’s happening at McDonald’s should serve as an important lesson for many employers. In the past two weeks, it was reported that its CEO resigned or was terminated (depending on what news outlet you read) because he exercised “poor judgment” by having an affair with...

EEOC, NLRB, DOL Plan to Issue Rules Governing Joint Employment

by Jim Paretti & Michael J. Lotito

Nov 22, 2019

The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal Regulatory and Deregulatory Actions – Fall...

It’s not realistic to expect employees not to discuss politics at work, but it is to require them to do so professionally

by Jon Hyman

Nov 21, 2019

According to a recent survey conducted by SHRM, American workers cannot hide from politics at work. 42% of U.S. employees say they have personally experienced political disagreements at work 44% say they have witnessed political disagreements at work 34% believe that...

FMLA Retaliation Case Illustrates the Practical Significance of Effective HR Documentation

by Samuel H. Ottinger

Nov 20, 2019

In Simpson v. Temple University, et al., the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment to the defendants on the plaintiff’s claims of interference and retaliation under the Family and Medical Leave Act (FMLA). The decision...

‘Tis the Season…for Employer Holiday Gift-Giving Reminders

by William Hays Weissman

Nov 19, 2019

I’m in charge of our company’s party-planning committee, but I’m ready to give up my title as Head Elf. We’re working on choosing gifts for employees, and we’d like to raffle off nice prizes for employees and their families at our holiday party. We might also bring...

“OK Boomer” — harmless, or harassment?

by Robin Shea

Nov 18, 2019

C’mon, Boomers – lighten up! The always-excellent Walter Olson of Overlawyered laments that the employment world is so heavily regulated that an employer can get in trouble for failing to act when a Millennial uses the relatively mild insult “OK...

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