July 2018 Newsletter

Workplace rules are back, baby! Peter Robb, General Counsel for the National Labor Relations Board (and my new hero), issued a Memorandum on Wednesday that employers should love. Mr. Robb has declared that nine standard employer policies will now be presumed lawful under the National Labor Relations Act. The Memorandum was based on the Board's decision in The Boeing Company, issued in December 2017. Before Boeing,...
Here are seven things that every employer should know. The Americans with Disabilities Act has been law since 1992, and the rules regarding medical inquiries for applicants and employees have not changed much since that time. However, many employers are still confused about what they can and cannot do. These seven tips may make things easier. No. 1: You can't ask for medical information from applicants. Period. The most you can do at the...
Netflix has fired one of its top executives for his use of the "n-word" at work. According to The Hollywood Reporter, sources say that Jonathan Friedland, Netflix's (now former) chief communications officer allegedly used the n-word in a meeting with other Netflix staffers, in which they were discussing the use of sensitive words in public relations communications. Friedland then allegedly exacerbated the problem by again using that word...
What type of Justice will [might] Kavanaugh be? No one really knows for sure. All we can do is read his past appellate opinions, and hypothesize.The opinion I'm offering for your consideration is Ayissi-Etoh v. Fannie Mae, a 2013 racial harassment case that asked the question of whether one isolated yet severe incident of discriminatory conduct — "Get out of my office n***er" — can suffice to establish a hostile work environment.Thankfully...