by Tammy Binford
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As transgender employees become more comfortable living openly as their authentic selves in the workplace, employers should be prepared to work with transitioning employees. Consider putting a plan in place that fosters...
Some employees are complainers, and you might be inclined to respond with a snide comment or a knowing side glance to a friend. Similarly, you may have strong grounds for termination and are not overly bothered by...
Lawmakers in both Washington, D.C., and in Sacramento have introduced legislation to change the definition of a standard workweek from 40 hours to 32 hours. Similar proposals have stalled in the past on both the national...
A devout Jehovah’s witness refused to take the loyalty oath demanded by the California Office of the State Controller and sought a carve out for her beliefs in the supremacy of god and in pacifism. Did she have a prayer...
A recent California case addressed the question of whether offsite and afterhours texting between work friends could constitute sexual harassment. A pharmacist’s sexual harassment lawsuit against her former employer...
Many employers elect to use arbitration agreements with their employees and contractors, and recent cases have supported the enforceability of such agreements. Many individuals who have entered into arbitration...
No appellate court had ever before set forth the elements of a pregnancy discrimination claim. To show either pregnancy discrimination or disability discrimination, an employee still has to show that an accommodation...
On February 21, the National Labor Relations Board (NLRB) ruled that overbroad nondisparagement and nondisclosure provisions in severance agreements are an “unfair labor practice” in violation of Section 7 of the...
Along with states and cities beginning to legislate the use of artificial intelligence (AI) in employment decision-making, the Equal Employment Opportunity Commission (EEOC) has reaffirmed its position of ensuring...
“It is emphatically the province and duty of the judicial department to say what the law is.” So writes U.S. Supreme Court Justice John Marshall in Marbury v. Madison, forming the procrustean base of American...
The Office of Federal Contract Compliance Programs (OFCCP) announced on March 20, 2023, that it will open its contractor portal for the second year on March 31 and that all federal supply and service contractors and...
The Equal Employment Opportunity Commission (EEOC) finally issued its fiscal year (FY) 2022 performance report on March 14, 2023. The highlights of the report include the following. Monies collected totaled $513.7M (up...
Department of Labor (DOL) Secretary Marty Walsh, the first of President Joe Biden’s Cabinet secretaries to leave, resigned to become head of the NHL labor union. His resignation was effective starting March 11. Julie Su...
In a series of recent rulings, the National Labor Relations Board (NLRB) is imposing its vision of the law on workplaces, union and nonunion alike. By basing its decisions on the broad workers’ rights language in the...
Employers should be on notice that broad diversity, equity, and inclusion (DEI) policies—such as many large companies have designed and/or put in place—can expose them to legal challenges. In August 2022, conservative...
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