A recent federal case shows how a workplace investigation can flip fast—from harassment complaint to defamation claim. The employer followed the playbook and won. The accuser did not. TL;DR: A federal court in Ohio threw out a former Chief Legal Officer’s race discrimination, retaliation, and contract claims after he was fired following a harassment investigation. […]| The Employer Handbook Blog
If you read my earlier post, you already know New Jersey’s new pay transparency law is here. Now the Department of Labor has proposed regulations that explain exactly how to comply. TL;DR: The Transparency in Employment Listings Act is already in effect, and the state’s proposed regulations show employers what key terms like “reasonable efforts,” […]| The Employer Handbook Blog
A performer claimed a venue “canceled” them after backlash to a social-media post supporting Israel.They said it was discrimination. The court said it was politics. TL;DR: A federal court dismissed a discrimination case under Section 1981, a law that prohibits race discrimination in contracts. The performer claimed a Northern California venue canceled a Hanukkah concert […]| The Employer Handbook Blog
What if a Black employee uses the N-word in the workplace, directed at no one in particular, and gets fired? Can that employee claim race discrimination under Title VII? A federal judge in Pennsylvania just called that argument “an absurdity.” TL;DR: A Black employee fired for using the N-word claimed race discrimination, arguing that his […]| The Employer Handbook Blog
The same unpaid leave that protects an employer in one case can create liability in another. TL;DR: Unpaid leave can be a lawful, reasonable accommodation under the Americans with Disabilities Act (ADA) when an employee truly cannot work. But after the Supreme Court’s Muldrow decision lowered the bar for what counts as an adverse […]| The Employer Handbook Blog
Employers often worry that if they don’t run a picture-perfect investigation, a court will second-guess their decision. The Sixth Circuit just reminded everyone that the law doesn’t demand perfection; it demands reasonableness. And one employer’s measured, fact-based approach was enough to win. TL;DR: A truss manufacturer fired a production-line employee after learning he admitted to […]| The Employer Handbook Blog
If you’ve ever wondered why the same few employees keep you up at night, Todd Stanton has a theory—and it’s both painfully accurate and refreshingly practical. Todd is the founder of Stanton Law and the author of The 95% Rule: 29 Employment Law Axioms for Owners, Execs, and HR. His take? A small group of […]| The Employer Handbook Blog
When the agency that enforces the nation’s anti-discrimination laws ends up defending one of its own under Title VII, that is not just newsworthy. It is a lesson for every employer about how bias, inconsistency, and poor process can sneak into even the most compliance-minded workplaces. TL;DR: A federal judge refused to dismiss a Title […]| The Employer Handbook Blog
When an employee voluntarily resigns to work somewhere else, it may feel like fallout from a workplace conflict. But under Title VII, it isn’t punishment or “discipline.” TL;DR: A Philadelphia school employee who objected to a COVID-19 vaccination policy claimed religious discrimination after leaving for another teaching job. The Third Circuit said no violation occurred: […]| The Employer Handbook Blog
Second chances just became a little stronger in Philadelphia. On October 8, 2025, the Mayor signed new amendments to the city’s Fair Chance Hiring law, Philadelphia’s version of “Ban the Box,” that tighten requirements for employers and expand rights for applicants with criminal records. TL;DR Philadelphia has amended its Fair Chance Hiring Ordinance (Phila. Code […]| The Employer Handbook Blog
An airline services company once thought a single scheduled break was enough time for a new mom to pump breast milk. The result? A federal lawsuit that is still headed to trial, and a reminder of ...| The Employer Handbook Blog
It’s the kind of line you say when you’re thinking out loud, not realizing that your thoughts are about to become Plaintiff’s Exhibit A. TL;DR: A First Circuit panel revived a federal postal employee’s Title VII sex-discrimination claim after her supervisor, while interviewing her for a promotion, remarked that the office had never had […]| The Employer Handbook Blog
A recent Fourth Circuit decision shows how strong documentation can make or break a retaliation case. TL;DR: An employee claimed that her employer retaliated after she raised race concerns. The Fourth Circuit affirmed summary judgment for the employer because contemporaneous records showed performance issues and leadership misalignment that began well before the protected activity. Timing alone […]| The Employer Handbook Blog
“Heads I win, tails you lose.” That’s how the Sixth Circuit described one hospital’s strategy after it tried to switch to arbitration only after losing some key early motions in court. The judges didn’t flip for it. TL;DR: A Michigan hospital tried to move a religious-discrimination case to arbitration only after it had spent more […]| The Employer Handbook Blog
When a White Jewish university employee claimed discipline for racially charged remarks amounted to discrimination, the court disagreed. It called the case something else entirely, and in doing so, it drew an important boundary for every employer. TL;DR: A federal court just clarified a point that often gets blurred when discipline involves speech: anti-discrimination laws protect […]| The Employer Handbook Blog
If you’ve ever wondered why the same few employees keep you up at night, Todd Stanton has the answer — and it might just change the way you manage your workplace. Join me for a live Zoom conversation with Todd Stanton, founder of Stanton Law and author of The 95% Rule: 29 Employment Law Axioms […]| The Employer Handbook Blog
When your employees do not work a standard 9-to-5 schedule, calculating their Family and Medical Leave Act (FMLA) entitlement can get tricky. A new opinion letter from the U.S. Department of Labor clarifies how to handle it, especially when mandatory overtime and optional extra shifts are part of the mix. TL;DR: The Department of Labor […]| The Employer Handbook Blog
Ever wonder whether two connected businesses, like a restaurant and private club sharing a kitchen and managers, can dodge overtime by claiming they’re separate companies? The U.S. Department of Labor just answered that question loud and clear. TL;DR: When two entities share ownership, management, operations, and other common elements, and jointly employ the same worker […]| The Employer Handbook Blog
If you’ve been clam-oring for clarity on whether front-of-house oyster shuckers can share in the tip pool, the U.S. Department of Labor just served up a pearl of wisdom. TL;DR: The Wage and Hour Division (WHD) issued a new opinion letter (FLSA2025-03) confirming that front-of-house oyster shuckers who interact with customers and enhance the dining […]| The Employer Handbook Blog
A recent Eleventh Circuit decision is a good reminder that repeated remarks from leadership about wanting “younger” workers can become powerful evidence of discrimination. Even when an employer points to other reasons for its decisions, a jury may not buy them if the paper trail does not line up. TL;DR: A 25-year police department veteran […]| The Employer Handbook Blog
In 2022, Congress passed a law that makes it harder for employers to require arbitration in certain workplace cases. Some employees are now trying to use that law to keep sex discrimination lawsuits in court. A recent case in Connecticut shows the limits of that strategy: not every sex discrimination claim counts as sexual harassment, […]| The Employer Handbook Blog
What happens when mandatory workplace trainings designed to address bias and promote equity go too far? According to the Second Circuit, employers may find themselves defending against hostile work environment claims. TL;DR: The Second Circuit revived a former school administrator’s hostile work environment claim under § 1983. She alleged that implicit bias trainings and spillover […]| The Employer Handbook Blog
Sometimes, what an employee says about their own abilities can be the employer’s best defense. TL;DR: The Fifth Circuit recently affirmed summary judgment for an employer in a case where a longtime employee claimed, through one count labeled as FMLA discrimination, interference, and retaliation, that she was fired after taking leave. But she and her […]| The Employer Handbook Blog
Most HR professionals and lawyers know the Age Discrimination in Employment Act (ADEA) bars refusing to hire someone because of age. But what about hiring policies that look neutral on their ...| The Employer Handbook Blog
Shanah Tovah! Wishing a Happy New Year to all who are celebrating Rosh Hashanah (שנה טובה). With Yom Kippur approaching, here is a scenario to consider: An employee asks to work from home on the afternoon leading into the fast so they can log off early and get to synagogue without taking a full vacation […]| The Employer Handbook Blog
Few immigration programs spark as much debate as the H-1B, and now it is back in the spotlight. The Trump administration’s latest move has the potential to reshape how employers recruit and retain technical talent, with ripple effects across workforce planning. TL;DR: On September 19, 2025, President Trump signed a proclamation titled “Restriction on […]| The Employer Handbook Blog
Employers who use credit reports in hiring may soon hear renewed calls to stop, but likely not because of new federal law. TL;DR: The Equal Employment for All Act of 2025, sponsored by Senator Elizabeth Warren and other Democrats, would amend the Fair Credit Reporting Act to bar most employers from using credit reports in […]| The Employer Handbook Blog
A longtime CFO thought his company’s succession plan was rigged against him in favor of a female candidate for CEO. He sued, claiming sex discrimination and retaliation. Thanks to recent Supreme Court guidance, men bringing reverse discrimination claims no longer face extra procedural hurdles. That makes these cases easier to start. But as this Sixth […]| The Employer Handbook Blog
Sometimes it is not the reduction in force itself that creates risk, but the combination of what is said and how the data is applied. In this case, six words from a supervisor, “a potential strain on the department,” together with disputed productivity metrics and the treatment of a pregnant employee returning from FMLA leave, […]| The Employer Handbook Blog
Retaliation cases often turn on timing, but this one shows that even years after the fact, employers can still be on the hook. Add in a secretly recorded “smoking gun” conversation, and you have a recipe for a costly settlement. TL;DR: The EEOC announced a $350,000 settlement with two Arkansas healthcare entities accused of firing […]| The Employer Handbook Blog
It started with a sick day, a spreadsheet literally called “My Passwords.xlsx,” and a colleague trying to help. It ended with a company accusing two former employees of federal computer crimes and trade secret theft. The Third Circuit’s response? Nice try — but workplace policy violations aren’t hacking. TL;DR: The Third Circuit affirmed dismissal […]| The Employer Handbook Blog
The FTC just made clear that while the nationwide noncompete ban is dead, the agency is not backing down. Employers, particularly in healthcare, are officially on notice. TL;DR: The FTC, led by Chairman Andrew Ferguson, is shifting to case-by-case enforcement. The agency has begun sending warning letters to healthcare employers and staffing firms, signaling […]| The Employer Handbook Blog
When employees clock in, they expect to do their jobs, not sit through political speeches, anti-union campaigns, or religious lectures from their boss. New Jersey just turned that expectation into a legal right. TL;DR: On September 3, Governor Murphy signed A4429/S3302 into law. It bans “captive audience” meetings, meaning mandatory employer meetings or communications about […]| The Employer Handbook Blog
Before we get to the law, let’s admit it: anytime a case involves a supervisor leaning in to whisper in someone’s ear, you can almost hear George Michael’s sax riff in the background. But as this recent federal court decision shows, not every whisper, awkward or otherwise, creates a viable harassment or retaliation claim. […]| The Employer Handbook Blog
It promised freedom, delivered litigation, and left us with… state law.| The Employer Handbook Blog
The Federal Trade Commission isn’t finished with noncompetes. It is gathering information to understand when these agreements cause real harm and when they may serve legitimate business purposes. Case in point: its latest enforcement action against an employer that allegedly relied on broad, boilerplate restrictions. TL;DR: The FTC has launched a public inquiry seeking information […]| The Employer Handbook Blog
The Seventh Circuit has made clear it is inclined to hold that the Age Discrimination in Employment Act (ADEA) permits hostile work environment claims. At the same time, the court reminded employers that recognition is not enough. Plaintiffs still need proof, and speculation will not do. TL;DR: The Seventh Circuit once again assumed hostile […]| The Employer Handbook Blog
A toxic culture can make a workplace miserable. That doesn’t mean a court will find discrimination or retaliation when an employee sues. A new Seventh Circuit decision drives that point home. TL;DR: An employee reported a “machismo” environment, inappropriate comments, and denied overtime. The employer investigated, paid back wages, and noted low morale but no […]| The Employer Handbook Blog
Anxiety, grievances, and open-ended leave requests can leave HR stuck between compassion and compliance. A federal appellate court just clarified what the ADA does, and does not, require. TL;DR: An employee told her employer she could not return “until further notice” because of anxiety. The Eleventh Circuit held that such indefinite leave is not a […]| The Employer Handbook Blog
Imagine applying for the same promotion 31 times and never getting it. That happened to a state police lieutenant. He claimed discrimination, but the Fifth Circuit said the evidence did not add up. TL;DR: A state police lieutenant said he was passed over for captain 31 times because he was white. But the court looked […]| The Employer Handbook Blog
Missing narcotics. A dazed nurse. Co-workers whispering. A trip to the ER. It sounds like the plot of a medical drama, but it was the real backdrop for a recent Seventh Circuit employment case. The outcome offers lessons for every employer, not just hospitals. TL;DR: A nurse fired after opioids went missing from her hospital […]| The Employer Handbook Blog
Sometimes it is not the big-ticket accommodations that land an employer in court. It is the small ones, like a few stretch breaks, that can become costly mistakes. TL;DR: A federal judge in Illinois refused to dismiss an ADA lawsuit after an employee alleged that her employer denied requests for FMLA leave and short hourly […]| The Employer Handbook Blog
An employee asked for a religious exemption, was denied, suspended, and then reinstated once litigation began. The Fifth Circuit’s majority brushed the case aside on a technicality. But a dissenting judge warned that when it comes to religious accommodations, delay can itself be discrimination. TL;DR: An employee sought a religious exemption from a flu-shot mandate. […]| The Employer Handbook Blog
Religious-accommodation requests are getting harder for employers to navigate, especially when they collide with policies meant to support transgender employees. The Seventh Circuit just reminded us that employers cannot lean on complaints or speculation alone. A jury will decide whether denying an accommodation is justified by a true “undue hardship.” TL;DR: A federal appeals court […]| The Employer Handbook Blog
Sometimes what looks clear on paper isn’t the end of the story. A recent federal appeals court decision reminds employers that a doctor’s certification can’t always be enforced as a strict limit ...| The Employer Handbook Blog
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
