By John E. Thompson The U.S. Department of Labor has signaled for some time now that it considers shame and ostracism to be enforcement tools. The … Read more
With 5 New Members Now Confirmed, the NLRB Is Back in Business
By Eric B. Meyer Yesterday, the U.S. Senate voted mainly along party lines to confirm five members — a full slate — to the National Labor … Read more
Sleeping on the Job May Be Protected Under the ADA
By Eric B. Meyer That George Costanza was definitely on to something. A federal court in Virginia recently denied an employer’s attempt to dismiss … Read more
The Unemployment Bias: The Long-term Unemployed Face Severe Discrimination
Last year I did some work for a large company that decided it would not hire anyone who was unemployed. It would automatically reject any candidate who had … Read more
“Take This Proposal and Shove It” – It’s Almost Always a Fireable Offense
By Eric B. Meyer Over the weekend, I read this opinion from the Seventh U.S. Circuit Court of Appeals in Chicago. From the opening paragraph, it had my … Read more
A Growing Dilemma: Should You Hire a Part-Timer or a Contractor?
Joseph is a graphic designer who works 20 hours per week from home for a company based in another city. He determines his own working hours and location, … Read more
Study Shows That Older Workers Face “Subtle Bias” in the Workplace
By Eric B. Meyer Under federal law, the bar is set higher for proving age discrimination, as opposed to other forms of unlawful discrimination based on … Read more
No, You Don’t Fire An Employee Right After Her Great Performance Review
By Eric B. Meyer Who fires the 68-year-old right after her great performance review? The company that likes defending age-discrimination claims, … Read more
Courts Find That Tagged Facebook Photos Are Fair Game in Legal Actions
By Eric B. Meyer More litigants are requesting that their adversaries produce social media evidence in legal actions. Often this information is reasonably … Read more
Top Company Official Held Personally Liable For Violations Under FLSA
By Ted Boehm A recent decision by the New York-based Second U.S. Circuit Court of Appeals is a reminder that individual business owners and management … Read more