A new federal appeals court ruling is good news for any employer that requires its employees to wear work uniforms. The U.S. Court of Appeals for the Fifth Circuit ruled that the National Labor Relations Board (NLRB) crossed the line when it pronounced that any employer interference with an employee’s right to display union insignia, […]
Here’s a cautionary tale about what can happen when a holiday party gets out of hand. A former employee has filed a wrongful termination lawsuit against Taco Bell, alleging things got so bad after a wild holiday party that she was forced to quit. Holiday party: A potluck event Alana Bechiom worked as a cashier […]
The EEOC filed 48 disability accommodation lawsuits in FY 2023, almost doubling the 27 ADA cases it filed the previous year, according to employment attorneys at Seyfarth. And if the EEOC steps into an ADA dispute, the cost of noncompliance can be pretty steep, as these three recent cases show. 1. Restaurant forks […]
She said she was the only female doing the job, and that males were paid more. So why did her wage bias lawsuit fall flat? A federal appeals court affirmed a lower court’s ruling against a female employee who raised a list of claims against her former employer, including wage discrimination, hostile work environment, constructive […]
A newly settled suit filed by the Department of Justice illustrates the tightrope employers must walk when dealing with employees who have alcohol use disorders. The federal Department of Justice (DOJ) has tentatively resolved a charge that a Minnesota employer violated the Americans with Disabilities Act (ADA) by requiring a city worker to bear the […]
Explaining corporate math is one of the trendiest ways for frustrated employees to take a jab at their employers right now. You’ve probably seen plenty of posts and videos featuring workers’ views on corporate math. It might be a new catchphrase on social media, but the reality is, the DOL has been on the lookout […]
Apple Inc. has agreed to pay $25 million to settle allegations that it engaged in illegal hiring practices, the DOJ announced in a press release. At issue here, the company had jobs that were available through the PERM program, a federal program allowing employers to sponsor immigrant workers for green cards. DOJ: 3 illegal hiring […]
HR pros are put in a tough spot when an investigation shows that an employee who alleges race bias or other mistreatment might actually be the problem. On the one hand, discipline might be warranted if the investigation points a finger at the accuser. But on the other, disciplining the accuser can look a lot […]
Earlier this year, we predicted that litigation focusing on labor and management relations would be an evolving area of employment law to watch in 2023. And the National Labor Relations Board (NLRB) has not disappointed. From targeting overbroad non-compete agreements to adopting a new standard for assessing the “lawfulness” of work rules, the NLRB […]
As an HR pro, you’ve probably accepted that letting employees go is tough – but it’s part of the job. And you’ve likely figured out strategies for handling termination meetings. But what if a supervisor goes rogue – and fires employees over text messages? That’s not a good look, as an employer in […]
A recently shuttered restaurant has agreed to pay $25,000 and provide other relief to settle a Title VII lawsuit filed on behalf of an employee who was ordered to work during the holiday rush — despite having a religious accommodation in place. The EEOC filed a lawsuit, alleging Del Frisco’s Grille of Atlanta, LLC violated […]
There’s a big difference between mistreating an employee and mistreating an employee for a reason that the law prohibits. In other words, there’s no law against just being a jerk. In a perfect world, there would be no mistreatment at all. But in the real world, the truth is that an employer can escape legal […]
A federal court in Ohio granted an asphalt company’s motion for summary judgment on an employee’s age discrimination claims. Here’s why the employer was able to nip this case in the bud. From 2014 until 2021, Rick Bowersmith worked at Asphalt Materials. Hired at age 53, he was significantly older than many of his co-workers. […]
One way to prove unlawful sex-based pay discrimination is to show that an employee of a different sex does a similar job but gets paid more. But to win in this way, the plaintiff must show that the other employee is a valid comparator – that is, that they do substantially similar work. If they […]
A security services provider will pay more than $1.1 million following a DOL investigation that found it wrongfully deducted meal break time for hundreds of employees. The DOL’s Wage and Hour Division investigated Universal Protection Service LP, which does business as Allied Universal Security Services. In a press release announcing the investigation’s result. the DOL […]
