Everything Sucks! is a Netflix comedy series set in the mid-1990s at Boring High School. The show follows high school freshman Luke O’Neil, his friends, and his first crush (Kate Messner) as they navigate high school in the 1990s. Over the course of the show, Luke’s mother becomes close to the high school principal (and […]
A new ruling from the U.S. Supreme Court shows why it’s important for employers and their attorneys to examine whether employees making discrimination claims have exhausted their administrative remedies before going to court. And if an employee claiming discrimination hasn’t done so, it’s up to the employer to promptly raise an objection.
A recent New York trial court decision demonstrates the importance of carefully drafting employment contracts. In the high-profile case, Judge Arlene P. Bluth sided with the employee in rejecting the employer’s attempt to force an employment claim into arbitration. On the surface, the case is notable because the defending party was the Trump for President […]
A car wash company provided its employees with a handbook setting forth its employment policies. The handbook was written in both English and Spanish, it required arbitration of employment disputes, and it denied an employee’s right to bring an action under the California Private Attorneys General Act (PAGA). The English version stated that the denial […]
The antivaccination movement has been gaining traction in the United States for several years, much to the chagrin of safety-minded employers. While businesses offer ever-broader benefits to limit the business impact of nationwide pandemics, including on-site flu clinics, many employees refuse to participate and lower the efficacy of vaccinations for those who do.
Yesterday we began to learn about enterprise risk management (ERM) and how it influences HR. Today we’ll look at risk appetite, performing a risk assessment, and prioritizing risks.
A federal court in Louisville, Kentucky recently changed its mind and reinstated claims that had previously been dismissed. The court found an employee’s complaint contained sufficient allegations of discrimination based on her disability and her use of medical leave to move forward toward trial.
The following case is a cautionary tale about decisive action and one type of legal risk: defamation claims. Although this particular case turned on a legal technicality, it’s useful to show how communicating about your reasons for taking an adverse action can turn into litigation.
by Deanna L. Forbush Equal Employment Opportunity Commission (EEOC) investigations typically end when the EEOC issues a notice of dismissal and right-to-sue letter granting the charging party 90 days to file a lawsuit under one or more of the federal statutes the agency enforces—Title VII of the Civil Rights Act of 1964, the Age Discrimination […]
by Kevin J. Skelly Employers sued by the Equal Employment Opportunity Commission (EEOC) often face more challenging demands for discovery and settlement agreements than companies facing lawsuits filed by individual employees. Let’s look at what you can expect if the EEOC comes knocking at your door. How an EEOC investigation works Employers are often all […]