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Whenever there’s a change in the political party at the White House, we usually see a shift in policy at the National Labor Relations Board (NLRB), too. This year is unique because, in addition to the change in leadership, we are slowly emerging from more than a year of uncertainty caused by the COVID-19 pandemic. […]
Football season is upon us, and so are the clichés associated with it. But clichés all contain kernels of truth, do they not? Here is one: “Football is a game of inches.” So, too, is employment discrimination litigation. For an education on this point and the importance of small details, read on. The ‘T’ Got […]
Arbitration agreements are basically contracts, and they won’t be enforced absent proof both parties agreed to their terms. When the agreement is ambiguous and the ambiguity was created by the employer, one might expect a court won’t enforce the contract against the employee. But arbitration agreements are favored by some basic legal tenets, so is […]
An East Tennessee federal district court recently issued a preliminary injunction barring a person from using information he stole from his former employer to further his competing business.
The National Football League (NFL) recently levied a $10 million fine against the Washington Football Team (WFT) for fostering a workplace culture loaded with sexual harassment, bullying, and intimidation. The fine, imposed at the end of a months-long investigation, is one of the harshest penalties the league has ever assessed. The money will be used […]
Major depressive disorder affects many Americans. In 2017, about seven percent of U.S. adults endured at least one major depressive episode, according to the National Institute of Mental Health. When the depressive episodes occur at work, they can create tough HR challenges. On May 27, 2021, the U.S. 11th Circuit Court of Appeals (which covers […]
Is an employer liable for employee misconduct at “after-hours” gatherings? When a trial court adopted a narrow view of what constituted “the workplace,” an appeals court weighed in using a “totality of the circumstances” test.
A temporary worker asserted claims for racial discrimination, harassment, retaliation, and battery. He settled his claims against the temp agency but tried to pursue them against the company that ran the facility. A federal judge in Southern Illinois told him to pack up and go home.
The New Jersey Appellate Division recently vacated a September 2020 trial court order dismissing a former employee’s lawsuit and compelling him to arbitrate his Conscientious Employee Protection Act (CEPA) claims against his former employer’s predecessor. In so doing, the appellate court found the trial court must first determine whether the arbitration agreement was binding on […]
In what is being called a signal to foes of the Affordable Care Act (ACA), the U.S. Supreme Court’s latest ruling on the health care law preserves the status quo for employers. In a 7-2 decision, the Court found the states challenging the ACA’s legality in California v. Texas did not have standing to bring […]