February 2019 Newsletter

Bonnie O'Daniel was a Human Resources manager (remember that!) at a workplace in Louisiana. One day in April 2016, she went shopping at a well-known national retail store and encountered a transgender woman in the dressing rooms. Ms. O'Daniel took a picture of the transgender woman and posted it to Facebook, along with the following: So meet ROBERTa! Shopping in the women's department for a swimsuit at the [Baton Rouge store]. For...
On January 11, 2019, the National Labor Relations Board issued an employer-friendly decision in Alstate Maintenance LLC, 367 NLRB 68 (2019), narrowing the scope of protection for employee complaints. In doing so, it reversed an Obama-era Board decision that had expanded employee protections, and clarified that even if an employee states a gripe referencing coworkers through the plural pronoun “we,” it is not necessarily protected and may be...
As the holiday lights start to fade, we come to one of the most anticipated times of the year – bonus season! Such a happy time. Who doesn’t love getting a bonus, and what employer doesn’t like rewarding good performance with some extra monetary recognition? Bonuses are great, but keep in mind that they also carry some legal obligations. In the case of non-exempt employees, that might include paying additional overtime based on your bonus...
Another chapter in a continuing saga. I've written three times about Dale Kleber (here, here, and here), the very experienced attorney who was not considered for an entry-level job as in-house counsel with a health care company. Mr. Kleber, who was 58 years old at the time he applied, sued the company for age discrimination after a relative youngster with much less experience was hired. The company sought candidates with three to seven...
The ad offers two views of men. The first—a boy bullied and called a "sissy," a man grabs at a woman's behind, a businessman condescending to a female employee. During, a voice over notes that men make "the same old excuses": Boys will be boys. Then, vignettes of men doing better—intervening against sexual harassment, being attentive fathers to their daughters, promoting peace over violence.  The tagline: "Bullying. Harassment. Is this...