After nine movies in 16 years, the Fast and Furious franchise still seems to be alive and well. The parties to the following action agreed that any dispute regarding the movies, including sequels and remakes, would be resolved in arbitration. But does that agreement cover the recent movie starring longtime protagonists Hobbs and Shaw, which […]
Tag: Mark I. Schickman
For years, Google has been playing with fire by encouraging employees to post almost anything on its internal message boards. The company, known as the portal for any inquiry imaginable, brought its open search philosophy in-house, encouraging robust employee discussion on almost any topic, without fear of retaliation.
We are often asked whether being an “at-will” employer means a company can terminate somebody for a discriminatory reason—for example, because she is a woman or a person of color. The answer is no. The at-will-employment doctrine does not protect employers from the consequences of discriminatory job actions. But the 2nd District Court of Appeal […]
If I asked whether a manager can demand solid job performance from an employee who reported or witnessed alleged acts of harassment, we would all say yes. If I asked whether a manager could threaten or retaliate against that employee, we’d all reply with an emphatic no. We’ve all been presented with scenarios that lead […]
The U.S. Supreme Court was widely expected to decide between religious rights and LGBTQ rights when it issued its ruling in Masterpiece Cakeshop vs. Colorado Civil Rights Commission, the case involving a Colorado baker who refused to bake a cake for a gay wedding. But—in the tradition of the Supreme Court—the justices ducked the main […]
I am reading Sapiens: A Brief History of Humankind, in which Yuval Noah Harari posits, among other things, that the “Agricultural Revolution,” which created the first stable, large civilized communities, was a disaster, with the successful farmer working much longer and harder than her nomadic hunter-gatherer tribal ancestors, a day spent running through woods replaced by plowing, […]
What if a manager accused of unlawful discrimination based on employees’ religion asserts that the complaint itself is an act of harassment? You owe duties all around, and you may not be able to perform one duty without risking a violation of the other. See how one employer successfully avoided that minefield.
by Mark I. Schickman Too often, the workplace is viewed as a zero-sum game ― a win for an employee or loss for the boss, every savings for the company obtained from an employee concession. The political parties are playing it the same way; either employers pay more or workers get less ― nobody suggests […]
by Mark I. Schickman There have been many lawsuits limiting the introduction of religion into the workforce. Employees who insist on a God-given right to bash gays at the workplace are subject to termination ― despite their right to express their religious beliefs. An employee whose religion opposes taking orders from women will lose his […]
By Mark I. Schickman California employers have been waiting since October 2008 for the California Supreme Court to issue its ruling in the Brinker Restaurant case, clarifying whether employers must “ensure” that employees take meal and rest breaks or simply “provide” those breaks. Today, the court unanimously served up a major victory to California employers […]