The EEOC just sent another loud message: religious rights at work are front and center. Think you can brush off a job candidate the moment they mention a religious accommodation? The EEOC just reminded employers again that this is a fast track to litigation, a costly payout, and years of government oversight. And this case […]| The Employer Handbook Blog
A jail administrator posted apocalyptic religious commentary online. A reporter found it, published a story, and suddenly the county faced community outrage and questions from federal officials about whether they would continue housing inmates at the jail. The county fired the administrator. The employee sued under Title VII. The Eighth Circuit just said: not so […]| The Employer Handbook Blog
Federal attention to I-9 compliance is surging. If you handle hiring, onboarding, or audits, this Client Alert is worth your time. TL;DR: My partners Giovanni Antonucci Di Cesare and Allison Bustin explain why I-9 compliance belongs on your short list. They cover three developments driving enforcement, the current fine ranges for first-time violations, and practical […]| The Employer Handbook Blog
When employees rack up overtime without approval, it doesn’t make them look dedicated – it makes them insubordinate. And as one nurse at a VA hospital just learned, that can sink an age discrimination claim. TL;DR: The Sixth Circuit affirmed summary judgment for a VA hospital where a nurse repeatedly worked overtime without preapproval despite […]| The Employer Handbook Blog
A performance review ended with a professor out of a job, and the employer defending itself in court. The problem? Remarks about maternity leave, inconsistent flexibility, and suspicious timing after a discrimination complaint. The appellate court said a jury should hear the case. TL;DR: A finance professor at a public college alleged gender, pregnancy, […]| The Employer Handbook Blog
When a customer harasses an employee, the EEOC says employers are liable if they knew or should have known and didn’t act. The Sixth Circuit says: not unless you intended it to happen. TL;DR: An employee claimed a customer sexually harassed her and her employer should be liable under Title VII and Michigan law. The […]| The Employer Handbook Blog
When an employer believes an employee may have mental health concerns, requiring counseling as a condition of continued employment can create serious legal risk. And after a 2024 Supreme Court decision lowered the legal bar for what counts as an “adverse action,” that choice could be a fast track to the courtroom. TL;DR: A hospital […]| The Employer Handbook Blog
When it comes to workplace retaliation, the difference between winning and losing can hinge on whether you are in state court or federal court. A recent New Jersey appellate decision reinforces that state anti-discrimination laws may not just mirror federal law – in some ways, they can give employees broader protection. TL;DR: In this case, […]| The Employer Handbook Blog
When an employee moonlights as a coworker’s unofficial lawyer – researching the law, contacting HR, and encouraging her to find a lawyer and pursue a charge with the EEOC – that role might be protected from retaliation. Overlook that and you could be handing them a legal claim. TL;DR: One employee went beyond watercooler […]| The Employer Handbook Blog
A software engineer said he was fired for blowing the whistle on a major cybersecurity flaw. But before his case ever reached trial, it fell apart. Deleted text messages, an incomplete phone data dump, and his lawyer’s discovery missteps ended it all. The court dismissed the case and ordered the employee and his attorney to […]| The Employer Handbook Blog
In most ADA cases, the question of whether an employee has a disability isn’t in serious dispute. Courts typically move quickly to focus on accommodations or workplace conduct. But in this case, the court stopped at step one, finding that the employee hadn’t shown he had a disability at all. TL;DR: An IT employee […]| The Employer Handbook Blog
A nurse claimed she was fired for her religious beliefs. The hospital said it fired her because of its religious beliefs. So who gets Title VII’s protection? TL;DR: Title VII includes a narrow exemption that allows religious organizations to make employment decisions based on religion when those decisions are tied to the organization’s religious […]| The Employer Handbook Blog
You think you’ve solved the problem. You separate the employee from the alleged harasser. You tell him not to contact her—ever. Years pass without incident. Then one day, the same two people ...| The Employer Handbook Blog
If you keep one employee and lay off another, you need to be able to explain why. Courts don’t expect employees to be identical, but they will take a close look at whether your comparisons—and your process—hold up. TL;DR: A 25-year warehouse employee with a long record of strong reviews and near-perfect attendance was laid […]| The Employer Handbook Blog
The Department of Justice just offered more clarity on something most employers already know: you can’t treat people differently based on race or sex. But how does that principle apply to your DEI programs? A new DOJ memo outlines where DEI initiatives might run afoul of federal law. It doesn’t change the rules—but it does […]| The Employer Handbook Blog
An employee has been out for months. She’s still recovering, still hopeful, and still not ready to come back. How much leave is too much? A recent Fourth Circuit decision shows how courts evaluate the point at which an employer is no longer obligated to wait. TL;DR: The Fourth Circuit affirmed summary judgment for […]| The Employer Handbook Blog
Gendered nicknames may be unprofessional, but that doesn’t make them unlawful. A recent federal court decision explains why even repeated comments like “sweetheart” may fall short of what Title VII prohibits. TL;DR: A manager repeatedly called an employee “sweetheart.” She objected, complained, and was later fired. But a court said that wasn’t enough for either […]| The Employer Handbook Blog
A new Eleventh Circuit decision shows just how limited associational disability discrimination claims can be. TL;DR: A deputy warden sued after being passed over for promotion, alleging her husband’s serious illness led to discrimination. The Eleventh Circuit rejected her ADA claim, emphasizing that associational disability claims require a strong causal link—not just a stray […]| The Employer Handbook Blog
He proved age discrimination. The jury agreed. Then they awarded him $3. One dollar for back pay, one for front pay, and one for emotional distress. No, this wasn’t small claims court. But it might as well have been. TL;DR: A Michigan jury found that a former HR Manager was fired because of his age. […]| The Employer Handbook Blog
It’s one of the few government programs that rewards employers for doing the right thing before getting sued. TL;DR: The U.S. Department of Labor has relaunched the Payroll Audit Independent Determination (PAID) program. PAID allows employers to voluntarily disclose and correct federal wage violations under the Fair Labor Standards Act (FLSA)—and now, certain FMLA violations […]| The Employer Handbook Blog
The One Big Beautiful Bill (OBBB) is now law—and it brings big changes for employers: new W‑2 reporting rules, new benefit structures, ACA verification requirements, and more. At Noon ET today, I’ll be moderating a live Zoom panel with three of the sharpest tax and benefits minds I know: Greg McKenzie – U.S. and international […]| The Employer Handbook Blog
“Gina works the diner all day, working for her man, she brings home her pay…” But if her employer starts asking about her family medical history, we might have a problem. Not with Bon Jovi—but with GINA, the Genetic Information Nondiscrimination Act. If you’re not sure what that means, this post is your compliance […]| The Employer Handbook Blog
When a trucking company told a deaf applicant, “No, I’m sorry, we can’t hire you because of your deafness,” it wasn’t just a bad look—it was a multimillion-dollar ADA violation. The jury awarded $36 million (later capped), and the appeals court backed it up. TL;DR: A trucking company refused to hire a deaf driver—even […]| The Employer Handbook Blog
An employee requested a medical exemption from a workplace policy but refused to provide adequate documentation or let her provider clarify her condition. A federal appeals court found ...| The Employer Handbook Blog
President Trump has nominated Scott Mayer and James Murphy to serve on the National Labor Relations Board (NLRB). If the Senate confirms them, it would give the Board a quorum—enough members to start issuing decisions again—and likely shift the Board’s direction to more pro-employer outcomes. TL;DR: Trump just nominated two Republicans to the NLRB. If […]| The Employer Handbook Blog
What happens when an employee posts something offensive online—off the clock, but under their real name—and it causes a workplace backlash? In one recent case, a government communications staffer wrote an inflammatory blog post opposing the Equality Act. The language he used was graphic and anti-LGBTQ+. The employer received complaints, workplace disruption followed, and he […]| The Employer Handbook Blog
A transit agency thought it had a clear-cut reason to fire an employee under its no-fault attendance policy. But a disputed call-out, followed by a retroactive FMLA approval, now means a jury gets to decide whether the termination was lawful. TL;DR: A bus driver with a chronic medical condition was fired after hitting the maximum […]| The Employer Handbook Blog
Where have I been? I took a short break from July 4 through July 14 to spend some time offline on vacation with my family. Thanks for your patience—and I promise this one was worth the wait. The One Big Beautiful Bill (OBBB) became law on July 4—and with it, major new tax and reporting […]| The Employer Handbook Blog
The EEOC has sued a Wisconsin employer for allegedly firing a worker over Bible verses he posted on his personal social media. The case puts a spotlight on a tricky question for employers: When does off-duty religious expression become a workplace problem? TL;DR: According to the EEOC, a business violated Title VII by firing an […]| The Employer Handbook Blog
Noncompetes are under pressure. Federal regulators have wanted to ban them. States like California, Minnesota, and Oklahoma already have. And even where they remain technically legal, courts are ...| The Employer Handbook Blog
If the Department of Labor comes knocking about unpaid wages, here’s some welcome news: as of June 27, 2025, it can no longer demand liquidated damages—unless it sues you. TL;DR: In Field Assistance Bulletin (FAB) 2025-3, the U.S. Department of Labor announced that its Wage and Hour Division (WHD) can no longer seek liquidated damages […]| The Employer Handbook Blog
Every July 1, we gather to celebrate a modern fable. A baseball player hasn’t swung a bat in over two decades, yet his bank account gets a seven-figure boost—like clockwork. That man is Bobby Bonilla. That day is today. And the story never gets old. The Deal That Keeps on Paying In 2000, the […]| The Employer Handbook Blog
Most people didn’t connect the dots between last week’s Supreme Court decision in Trump v. CASA and the FTC’s ban on noncompetes. But maybe they should. The Court’s ruling didn’t mention employment law. It didn’t say a word about the FTC. But it did take a wrecking ball to the kind of court order that’s […]| The Employer Handbook Blog
“He filled out the doctor’s section himself.” Sounds like fraud, right? Maybe. But if you fire someone on that hunch without following the FMLA’s rules, you could be the one in legal trouble. TL;DR A federal court refused to dismiss a lawsuit brought by a former employee who claimed he was fired for submitting an […]| The Employer Handbook Blog
Some lawsuits simmer before they boil. This one arrived preheated—with a racist meme, a televangelist plaintiff, and a CEO who mocked him as “Tattoo,” texted a blackface-style image, and said, “Well if I’m your pimp where’s my money? Bring me my money!” When the plaintiff objected, the threats started. The judge didn’t […]| The Employer Handbook Blog
They said he wasn’t “living the…culture.” But when there was no documentation, deleted emails, and a termination memo created after the employee raised age discrimination concerns, the court didn’t buy it—and told a jury to take it from here. TL;DR: A federal appeals court just revived an age discrimination lawsuit after finding that […]| The Employer Handbook Blog
The ADA bars discrimination against employees with disabilities. But what if the discrimination doesn’t happen until after the employee retires? According to the Supreme Court, the ADA doesn’t ...| The Employer Handbook Blog
What happens when a severance agreement promises $680,000 per month for sixteen months—but the employer insists they meant $680,000 total? You get a contract dispute with eight figures at stake and a costly reminder that a few words can swing a deal from routine to ruinous. TL;DR: The First Circuit just revived a dispute over […]| The Employer Handbook Blog
An Army veteran asked to bring her service dog to work. Her employer took six months to approve it—and that delay may have violated the ADA. TL;DR: A school district took six months to approve a veteran employee’s request to bring her service dog to work. That was too long, according to the Fifth Circuit. While […]| The Employer Handbook Blog
When a company closes its doors, the WARN Act requires advance notice to workers losing their jobs. But what about employees who work from home? A federal judge just signaled that “remote” ...| The Employer Handbook Blog
A job candidate allegedly asked to reschedule an interview due to severe menstrual symptoms. She didn’t get the job. But she did get the EEOC’s attention—and a settlement. TL;DR: The EEOC alleged that a national fitness company violated the ADA and Title VII when it rejected a female applicant after she disclosed painful endometriosis symptoms […]| The Employer Handbook Blog
She left work early during her pregnancy—with her supervisor’s okay. Seven years later, the court said she may have had every legal right to do so. TL;DR: The Seventh Circuit revived an FMLA interference claim brought by a former state employee who was fired after using the wrong type of paid leave to cover 30 […]| The Employer Handbook Blog
Paying employees a flat weekly salary doesn’t make them exempt from overtime. One employer just learned that lesson the expensive way—after misclassifying dozens of workers. TL;DR: A Houston plumbing contractor paid 31 service technicians and apprentice helpers a salary and didn’t pay them overtime. But those workers didn’t qualify as exempt under the Fair […]| The Employer Handbook Blog
You already know the plaintiff won. What you might not know is what that means for your workplace policies, documentation practices, and DEI strategy. I broke it all down on this week’s On Record ...| The Employer Handbook Blog
You’ve trained your managers to avoid bias. But what happens when an employee tries to win a lawsuit by flipping that logic—stereotyping the employer instead? One California court just had a firm answer: Nope. TL;DR: A university employee sued for discrimination after not receiving a permanent promotion. The court rejected his claim, finding no […]| The Employer Handbook Blog
Heterosexual employees don’t have to clear a higher hurdle than gay employees to claim discrimination. The Supreme Court just said so—unanimously. This case could reshape how Title VII claims are litigated—and it’s one employers should be paying close attention to. TL;DR: The Supreme Court struck down a rule that forced so-called majority-group plaintiffs—like straight or […]| The Employer Handbook Blog
An onsite manager alleged race and sex discrimination, but the court never reached the substance of her claims. Why? Because she worked for a contractor—not the school network she sued. ...| The Employer Handbook Blog
On Monday, June 2, the U.S. Department of Labor (DOL) announced the relaunch and expansion of its opinion letter program. This move reinstates a valuable compliance tool for employers, ...| The Employer Handbook Blog
Employers, take note: vague safety concerns and “we did our best” no longer cut it. A recent Third Circuit opinion revived a religious accommodation claim from a firefighter who wanted to keep ...| The Employer Handbook Blog
It’s here. As of June 1, 2025, employers with operations or applicants in New Jersey must comply with the New Jersey Pay and Benefit Transparency Act. This new law requires upfront pay ...| The Employer Handbook Blog
Some jobs just require heavy lifting—literally. And courts aren’t about to tell employers to rewrite essential duties just because someone asks for an exception. TL;DR: An employee recovering from a disability asked to return to his old job, but he couldn’t meet the essential physical demands. The employer denied the request, offered extensive […]| The Employer Handbook Blog
Some employees make life miserable for their coworkers. They gossip, sabotage, and bully—but that doesn’t always add up to a viable lawsuit. In fact, a recent federal appellate decision reminds us that even the ugliest workplace conduct isn’t unlawful unless it crosses a very specific legal line. TL;DR: Just because workplace behavior is mean, […]| The Employer Handbook Blog
A recent DOL enforcement action shows how routine rounding practices can spiral into serious legal exposure. This post breaks down one employer’s nearly $600,000 mistake—and explains what the FLSA really permits when it comes to rounding work time. TL;DR: A construction contractor just had to pay nearly $600,000 in back wages and damages after the […]| The Employer Handbook Blog
The PWFA was designed to support pregnant workers. But when the EEOC included abortion in the mix, a federal court hit pause. TL;DR: A federal judge in Louisiana just struck down part of the EEOC’s new rules under the Pregnant Workers Fairness Act (PWFA) that required employers to accommodate elective abortions. But that doesn’t mean […]| The Employer Handbook Blog
The Supreme Court appears ready to give the President what amounts to a blank check to fire a Senate-confirmed member of the National Labor Relations Board — no cause, no hearing, no due process. Just “You’re fired,” in an 11 p.m. email. TL;DR: On May 22, 2025, the Supreme Court granted the government’s request to […]| The Employer Handbook Blog
Flamethrower messages torpedo an ADA claim in this no-nonsense ruling from a federal appellate court. TL;DR: An adjunct professor accused her college of ADA discrimination after it declined to renew her contract. But the Second Circuit quickly dismissed her claims—thanks in no small part to her own emails, which read like exhibits for the defense. As […]| The Employer Handbook Blog
If you’ve been staring at the words “EEO-1 Component 1” and thinking they sound like a rejected Star Wars droid, you’re not alone. But if you’re an HR pro at a private company with 100+ employees (or a federal contractor with 50+ employees and a contract over $50,000), you’ve got a legal obligation to get […]| The Employer Handbook Blog
This isn’t a story about a rogue employee—it’s about the person running the show. TL;DR: The EEOC has filed a Title VII lawsuit against the owner of a hospitality group in Hawaii, alleging he subjected teenage and adult female employees to years of sexual harassment—much of it in front of other staff and guests. […]| The Employer Handbook Blog
A Texas federal court has weighed in on how far the EEOC can go when interpreting Title VII. Spoiler alert: it didn’t go well for the EEOC. TL;DR: A Texas federal court just vacated the parts of the EEOC’s new harassment guidance that deal with gender identity. The judge held that the EEOC overstepped its […]| The Employer Handbook Blog
If two employees are married and work for the same company, the Family and Medical Leave Act (FMLA) lets their employer cap their combined leave at 12 weeks. A new bill in Congress proposes to eliminate that restriction. TL;DR: A bipartisan bill introduced in the U.S. House—called the FAIR Leave Act—would amend the FMLA […]| The Employer Handbook Blog
This isn’t just a cromulent decision—it’s a reminder that attorneys’ fees can’t be used to shoehorn a small state wage claim into federal court. TL;DR: A federal judge in Pennsylvania kicked a wage-and-hour case back to state court after finding that the employer couldn’t show more than $75,000 was at stake. The plaintiff’s actual damages […]| The Employer Handbook Blog
Fired Over $15. Or Was It the HR Complaints? A laundromat worker reimbursed herself $15 from the register for a taxi fare—something she claimed was standard practice with a receipt. Three days later, she was fired. But because she had just complained about racial harassment, disability discrimination, and unpaid wages, the timing raised red flags. […]| The Employer Handbook Blog
You’d expect a company to listen when its Chief People Officer—especially one with nearly three decades of labor and employment law experience—raises concerns about compliance. Instead, this employer—a law firm—reassigned her shortly thereafter and fired her within the week of returning from bereavement leave. A jury just awarded her $3.27 million for retaliation. TL;DR: A […]| The Employer Handbook Blog
A recent Fifth Circuit decision offers a pointed reminder to employers, litigators, and trial courts alike: enforcement authority has limits—even after a verdict. At the center of the controversy? A court-ordered “religious liberty training” imposed on a corporate defendant’s attorneys by a judge dissatisfied with how the company communicated a jury’s verdict. Here’s how that […]| The Employer Handbook Blog
Whether you’re drafting agreements for a C-suite hire, a high-profile consultant, or a VIP client, there are legal landmines everywhere—from misclassification to IP disputes. Today, we’re tackling them all. TL;DR: Join me and attorney Merlyne Jean-Louis for a free Zoom session at 12 PM ET today—Friday, May 9, 2025—as we break down the legal and […]| The Employer Handbook Blog
After months of legal gridlock, the Equal Employment Opportunity Commission is about to get its quorum back—and a Republican majority with it. TL;DR: President Trump has nominated Brittany Bull Panuccio to serve as the third commissioner on the EEOC. Her confirmation would restore the Commission’s quorum and create a 2–1 Republican majority. That majority could […]| The Employer Handbook Blog
The facts of this case are gut-wrenching. A former employee bypasses security, sneaks into a workplace, and brutally attacks his ex—an employee sitting at her desk. The injuries were horrific. The question for the court wasn’t whether this was awful (it was), but whether the employer could be held liable under negligence law for failing […]| The Employer Handbook Blog
A Black lecturer in his 70s says a fellow professor in his department regularly made racially charged remarks—not necessarily directed at him, but about Black colleagues more broadly. A federal judge says that could be enough to support a hostile work environment claim under Title VII. TL;DR: A federal court recently denied summary judgment on […]| The Employer Handbook Blog
This week, lawmakers in both the House and Senate reintroduced the Equality Act, a bill that would explicitly prohibit discrimination based on sexual orientation and gender identity across numerous areas of federal law. Although the bill has strong Democratic support, it lacks bipartisan backing—and given the political composition of Congress and the current administration’s stance, […]| The Employer Handbook Blog
The Department of Labor just blinked. Again. In its latest move, the agency announced that it’s stepping back from its own 2024 independent contractor rule and reverting to older, more flexible standards. That’s not just a procedural shift—it’s a clear signal that the DOL may be moving away from stricter employee classification altogether. TL;DR: […]| The Employer Handbook Blog
A pair of lawmakers from opposite sides of the aisle just dropped one of the most ambitious paid leave proposals in years. It won’t create a national mandate—but it could reshape the paid leave landscape for employers across the country. TL;DR: A new bipartisan bill—the More Paid Leave for More Americans Act—aims to boost paid […]| The Employer Handbook Blog
A machine operator with osteoarthritis tried to return to work with restrictions. Instead, he got terminated. Now his ADA case is headed for trial. TL;DR: A federal court just denied summary judgment in an ADA case involving a machine operator who asked to return from disability leave with light-duty restrictions. The employer delayed acting on […]| The Employer Handbook Blog
Diversity goals can strengthen a workplace — or, in some cases, spark a lawsuit. Just ask Clorox, now facing a revived gender discrimination claim despite its well-meaning initiatives. TL;DR: A white, male Clorox salesperson alleged age, race, and gender discrimination after he was let go during a company reorganization. Although the lower court threw out […]| The Employer Handbook Blog
Working with VIPs can feel like walking a legal tightrope. From influencers to high-profile executives, businesses often face big questions: Are they independent contractors or employees? What must go into their agreements? And how do you protect your intellectual property—and avoid legal headaches? On May 9 at 12 PM ET, I’ll be teaming up with […]| The Employer Handbook Blog
When employees allege discrimination under the ADA, it’s their burden to prove bias — not the employer’s burden to defend every business decision. A recent Seventh Circuit case reinforces that when employers apply clear policies consistently, even imperfect decisions won’t amount to discrimination. TL;DR: An employee who failed a random drug test (because of prescribed […]| The Employer Handbook Blog
Now you can listen to The Employer Handbook—check out this week’s podcast recap! TL;DR: I’ve turned this week’s blog content into a short podcast episode using Google NotebookLM. If you missed a post or want to catch up while multitasking, you can now listen to the highlights on the go. 🎧 If reading legal blogs […]| The Employer Handbook Blog
President Trump’s latest executive order could change how the federal government handles workplace discrimination — but not in the way you might think. Before you assume that disparate impact claims are gone for good, let’s unpack what the order does (and doesn’t) do. TL;DR: President Trump signed an executive order on April 23, 2025, aimed […]| The Employer Handbook Blog
When two bartenders disclosed medical conditions, a New York brewery pulled them from the schedule, according to the EEOC. That’s not how the ADA works. TL;DR: The EEOC recently settled an ADA lawsuit against a New York brewery, which will pay $225,000 to two former employees—one with cancer, the other with a seizure disorder. According […]| The Employer Handbook Blog
When a dress code update clashes with an ADA accommodation, the courtroom might be the next stop. TL;DR: A federal court just refused to toss a cocktail server’s disability discrimination lawsuit against a well-known casino and resort. She had a medical condition requiring supportive shoes. The employer approved an accommodation—then later disciplined and fired her […]| The Employer Handbook Blog
A senior executive with prostate cancer helped land the company’s biggest contract ever and was promoted with a pay raise. Months later, he was fired. He believed his age and health had something to do with it—and brought claims of discrimination. TL;DR: A senior executive with prostate cancer sued after being fired months after a […]| The Employer Handbook Blog
Denying a reasonable accommodation request can be risky—particularly if the employer provides little explanation or fails to meaningfully engage in the interactive process. But what’s even riskier? Terminating the employee just a few weeks later. Cue the lawsuit. TL;DR: An associate general counsel at a public university alleged she was fired in retaliation for formally requesting […]| The Employer Handbook Blog
Yesterday, my law partner Amy Epstein Gluck and I hosted a Zoom conversation with former EEOC Commissioner Chai Feldblum on the legal boundaries of workplace diversity, equity, and inclusion (DEI). Given the political climate and a flurry of legal developments—including EEOC inquiries and high-profile settlements—many employers are wondering: Can we still do DEI? Chai’s answer? […]| The Employer Handbook Blog
Today’s the day. At 12:00 PM ET, my law partner Amy Epstein Gluck and I will be hosting a free Zoom conversation with Chai Feldblum, former EEOC Commissioner and a nationally recognized voice on civil rights and workplace inclusion. If you’re an employer, HR professional, attorney, or business leader trying to make sense of […]| The Employer Handbook Blog
Some employers think they’ve found a silver bullet: delegate the tough call to someone else and—boom—problem solved, liability dodged. But as the Ninth Circuit recently reminded us, an “independent” reviewer isn’t a shield if they’re just channeling someone else’s bias. TL;DR: The Ninth Circuit reinstated a discrimination claim after finding that an “independent” reviewer may […]| The Employer Handbook Blog
Employees might think pressing record is harmless—especially when trying to document what’s said in a heated meeting. But one Director of Social Services found out the hard way that secret recordings—even legal ones—can land employees on the unemployment line. TL;DR: A federal appeals court sided with an employer that fired a director who secretly recorded […]| The Employer Handbook Blog
Turns out a medical marijuana card can’t cure everything—especially if what you’ve got is a bad case of ADA expectations. Here’s a lesson in what happens when federal law refuses to roll with the times. TL;DR: A Pennsylvania federal court just held that legally using medical marijuana under state law doesn’t protect an employee under […]| The Employer Handbook Blog
A major legal battle is unfolding over whether President Trump had the power to fire two Senate-confirmed officials from independent federal agencies. One is Jocelyn Samuels, formerly of the EEOC. The other is Gwynne Wilcox, who had just started a second term on the NLRB. Their cases are raising serious questions about how much control […]| The Employer Handbook Blog
When employees stretch their FMLA leave beyond what’s certified, courts look closely at how employers respond. A recent case shows how solid documentation and a clear-eyed review of the facts can support a defensible termination. TL;DR: An employee claimed FMLA interference and retaliation (plus a bunch of other discrimination claims) after being fired for allegedly […]| The Employer Handbook Blog
First, she’s out. Then, she’s back in. Then out again. Then reinstated. This isn’t just a legal battle—it’s giving daytime drama. TL;DR: Gwynne Wilcox is back on the NLRB after a D.C. Circuit ruling found her removal likely unlawful. The decision relies on a 1935 Supreme Court precedent that limits the President’s power to fire […]| The Employer Handbook Blog
If your company has a Diversity, Equity, and Inclusion (DEI) initiative — or you’re thinking about starting one — you’ve likely been paying attention to the legal noise surrounding these programs lately. Questions about what employers can and cannot do are swirling, especially in light of recent agency guidance and political scrutiny. So I thought, […]| The Employer Handbook Blog
If you’re feeling confused or cautious about your company’s diversity, equity, and inclusion (DEI) programs, you’re not alone — and a group of former EEOC officials says that may be by design. On April 3, 2025, these former agency leaders issued a public statement responding to the EEOC Acting Chair’s March guidance titled “What You […]| The Employer Handbook Blog
A recent decision from the Third Circuit shows how courts are looking closely—not just at what arbitration agreements say, but also at how they’re rolled out. And even if a dispute doesn’t qualify for the new federal carveout for sexual harassment claims, employers still need to be ready to prove their agreements are enforceable. What […]| The Employer Handbook Blog
Last week, a federal court put the brakes on two executive orders aimed at ending federal support for Diversity, Equity, and Inclusion (DEI) programs. Citing First Amendment concerns, the court issued a temporary injunction against the U.S. Department of Labor’s enforcement of key provisions affecting DEI-related speech and activity. Here’s what happened—and why it matters […]| The Employer Handbook Blog
Friends, colleagues, HR professionals, risk managers, compliance nerds, and the occasional law student who wandered here by mistake, I never thought this day would come.After over a decade of blogging about workplace shenanigans, EEOC misadventures, court decisions involving hugging managers and rogue FMLA requests scribbled on napkins — I’ve decided to shut down The Employer […]| The Employer Handbook Blog
The D.C. Circuit Court of Appeals just put a stop—at least for now—to a judge’s order that would have reinstated Gwynne Wilcox to the National Labor Relations Board (NLRB). President Trump removed Wilcox before her term ended, citing concerns with her decisions favoring unions. A lower court said the firing broke the law and ordered […]| The Employer Handbook Blog
A recent federal court decision out of Michigan is a timely reminder that diversity, equity, and inclusion (DEI) goals—while lawful and laudable—can still generate legal risk if they appear to incentivize decisions based on race or gender. The court refused to dismiss a former employee’s reverse discrimination claims, finding that his allegations, if true, plausibly […]| The Employer Handbook Blog
If The Dude from The Big Lebowski applied for a job today—with a medical marijuana card in hand and nothing but good vibes—what legal rights would he actually have? A recent federal court decision from Pennsylvania offers a reality check for employers navigating job offers, drug tests, and lawful cannabis use. The Scenario: An individual […]| The Employer Handbook Blog
A recent Second Circuit decision underscores a critical point under the Americans with Disabilities Act (ADA) that employers often overlook: an employee who can perform the essential functions of their job without an accommodation may still have a viable failure-to-accommodate claim. The case involved a teacher with PTSD who sued her employer after it stopped […]| The Employer Handbook Blog
I’ve got another confession to make. One of my not-so-guilty pleasures is when employees seeking “religious” accommodations at work get undone by their own hypocrisy. For example, last night, I read a federal court decision about a Senior Manager in the R&D department of a major food company who refused to comply with the company’s […]| The Employer Handbook Blog
Employers striving to enhance diversity, equity, and inclusion (DEI) have faced stiff headwinds recently from the federal government. The EEOC’s latest release, “What You Should Know About DEI-Related Discrimination at Work,” is more about what employers can’t do than what they can to promote DEI. Underscoring the importance of caution, the EEOC has reminded employers that […]| The Employer Handbook Blog
