Tag: Employment law

How Much Harm Is Enough? Transfer Supports Title VII Discrimination Claim

In a recent U.S. Supreme Court decision, there was no question that the complaining employee was moved out of her position because of her gender, but she suffered no loss of pay or rank. So the Court had to determine whether she was still able to maintain an employment discrimination claim under Title VII of […]

Are College Degrees Losing Their Luster? Some Employers Think So

A recent survey of U.S. employers found that 45% plan to cut out their bachelor’s degree requirements for some positions during 2024. That survey also found 55% of companies had removed degree requirements during 2023. Another telling statistic: Four in five of the employers surveyed said they value experience over education when they evaluate candidates […]

Texas Supreme Court Gives Drafting Lesson on Employee Write-Ups

A recent decision by the Texas Supreme Court provides a valuable lesson for employers on how to draft employee discipline. Let’s start by examining law theory and then move on to look at how to put theory into practice. Legal Theory An important concept in Texas employment law is causation in a retaliation claim. For […]

Case Study: What to (Remotely) Expect When Your Employee Is Expecting

The COVID-19 pandemic opened the floodgates for requests to work remotely as a disability or pregnancy accommodation under state and federal law. Many employers have been unsure how to handle such requests, and there hasn’t been much guidance from the courts on the topic. But that’s changing. Here’s what one Illinois appellate court has to […]

Companies’ Online Recruiting Should Comply with Other State Laws

During the pandemic, both employers and employees discovered that remote work could benefit them. Allowing remote work has expanded employers’ pool of applicants nationwide. Despite the advantages of a bigger pool of candidates and cost savings, we’re beginning to see cases stemming from employers’ inadvertent violations of other states’ laws when making work available to […]

Complex laws around healthcare employees get more complicated

Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a notice of proposed rulemaking by the Federal Trade Commission (FTC) in late 2023, sweeping memoranda from the National Labor Relations Board (NLRB), and final rules from the NLRB on joint employment. All of this is […]

Case Study: Guidance for Employers on Music in the Workplace

In today’s workplace, many employers allow employees to play music. While this is generally a cost-effective way to improve culture, morale, and productivity; it also creates potential exposure for hostile work environment and sexual harassment claims under Title VII of the Civil Rights Act of 1964. This is particularly true given a recent decision from […]

The End of Non-Competes? What HR Professionals Need to Know About the FTC’s Latest Ruling

Non-compete agreements, often used to protect business interests by restricting the ability of employees to enter into competition with their former employers, have been a staple in employment contracts for years. As detailed in our previous discussion on non-compete agreements published on March 4, 2024, these agreements are designed to safeguard trade secrets and investments […]

Protecting Your Employees: Making the Most of California’s Workplace Violence Restraining Order Statute

While workplaces all have unique objectives and challenges, the desire to protect your employees from unlawful harassment is universal. Employees, in their day-to-day work activities, often interact with both members of their organization and members of the public. As employers, you hope that all of your employees’ interpersonal interactions are positive. However, this isn’t always […]

Case Study: Trade Secret Theft Garners No Damage Award

Even if you are in the right when you file a lawsuit against a former employee who admittedly took your trade secrets, sometimes the reward is simply not worth the expense. Here, an employer had a former manager dead to rights in misappropriating trade secrets but still couldn’t get a jury to award a dime. […]