Category: Employment Law


Have It Your Way: 8th Circuit Court Sides with Labor Organizer

The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently enforced a National Labor Relations Board (NLRB) order that found a Burger King franchisee violated the National Labor Relations Act (NLRA) by declining to hire an employee for having engaged in protected labor activity.


9th Circuit Upholds $300,000 Penalty for I-9 Violations

The Immigration and Nationality Act (INA) requires employers to verify that their employees are legally authorized to work in the United States. It also prohibits employers from knowingly continuing to employ aliens who aren’t authorized to work. The INA calls for penalties of varying amounts for each violation, depending on the nature of the violation. Consequently, penalties can add up quickly when there are widespread violation


Do Whistleblower Protections Apply if Only Internal Policies are Violated?

Free governments across history have encouraged people to come forward when they see the law being violated. The United States is no different. Most states, including New Hampshire, have a statute affording certain protections to people who report wrongdoing, with such individuals normally referred to as “whistleblowers.” The basic idea behind all of these statutes […]


Single Racial Slur Can Establish Harassment Claim in 3rd Circuit

Recently, the U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—ruled that to establish a claim of workplace harassment under the civil rights statute known as Section 1981, the discrimination need only be “severe or pervasive,” which can be satisfied by a single racial slur when it’s so extreme that it “amount[s] […]

hospital worker

Is Minor ‘Offensive’ Conduct Enough to Prove Hostile Environment?

The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a case from a female doctor asserting gender discrimination, hostile work environment, and retaliation citing a manager’s comments as “offensive.”


Alt-Right Protests: Guidance for HR on Employees’ Off-Duty Conduct

The actions of employees can put their employers in a bad light, and that presents HR with a problem. If the employer chooses to fire an employee who engages in off-duty conduct that goes against the employer’s values, will there be legal trouble? Possibly, according to attorneys focusing on employment matters, but a dismissal can […]


Miscimarra Announcement Called ‘Great Loss’ but ‘No Reason to Panic’

National Labor Relations Board (NLRB) Chair Philip Miscimarra’s reported decision to leave the Board when his term expires on December 16 rather than allow himself to be considered for another term has probusiness Board watchers looking ahead and lamenting the loss of his contributions to NLRB decisions.


Retirement: The Unique Status of California’s Largest Employer

In a recent case, the court of appeal agreed with a public university, which also happens to be one of California’s largest employer, that certain laws regulating the retirement status and rights of peace officers do not apply to the university under its own retirement plan—even after the university reversed its own practice of complying […]