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INSIGHTS

Is gender dysphoria an ADA-protected disability?

by Robin Shea
Two courts have said yes, but one now says no. In 2017, I wrote about a federal court decision saying that gender dysphoria was a “disability” within the meaning of the Americans with Disabilities Act. A year later, another federal court agreed. As of this...

NLRB Majority Curtails Review of Many Common Work Rules

by Fred Miner
On October 10, 2019, the National Labor Relations Board issued an important decision in LA Specialty Produce Co., 368 NLRB No. 93 (2019).  In its first ruling applying the standard established in The Boeing Co., 365 NLRB No. 154 (2017) for determining the validity of...

Has #MeToo Created a New Claim of Male-Bias Discrimination?

by Emily Haigh & David Wirtz
Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a mid- or lower-level employee, is not a...

Thoughts about the Supreme Court LGBT arguments

by Robin Shea
Who’s the “swing vote,” the “parade of horribles,” and more. I’m sorry that I haven’t blogged lately, but duty called. I’ve missed you, dear readers! As you all knew, the U.S. Supreme Court heard oral argument last week...

California Prohibits Most “No Rehire” Provisions in Settlement Agreements

by Nonnie L. Shivers & Christopher W. Olmstead
Employment litigation settlement agreements often include a mutually negotiated “no-rehire” provision by which the departing employee agrees not to seek employment with the company in the future. A recently enacted California law will require companies to refrain from...

DOL Issues Proposed Regulations on Handling Tips and the “80/20 Rule”

by David B. Jordan & Dan Boatright
Over a year after Congress amended the Fair Labor Standards Act (FLSA) to clarify tip ownership questions, the U.S. Department of Labor (DOL) finally published a Notice of Proposed Rulemaking on October 8, 2019, with proposed changes to its current regulations on...