Posts from July 2015.

Well, this should be interesting.

As I've reported before, the Equal Employment Opportunity Commission has sued a funeral home chain in the Detroit area for terminating Aimee Stephens, a transgender woman, because she failed to conform to male sex stereotypes.

Caitlin Jenner.flickrCC.MikeMozart
This is not Aimee Stephens.

The defendants moved to dismiss the lawsuit, but their motion was denied in April.

After the court ...

Riddle me this:

Lion.flickrCC.Tambako the Jaguar
A lion, but not Cecil the Lion.

Employee sues her boss for sexual harassment. Case settles for $127,500, and she has to agree to confidentiality and non-disparagement.

About nine years later, boss becomes an internet pariah for allegedly poaching a beautiful and beloved lion in Zimbabwe. Somebody in the media finds out about the sexual harassment settlement (how'd ...

For a guy who doesn't tweet, Jim Coleman - head of Constangy's Metro Washington D.C. Office and co-chair of our Wage and Hour Practice Group - has suddenly become an awfully big Twitter celeb.

(Or anyway, as big a Twitter celeb as employment lawyers ever become.)

It all started last weekend, when I got a tweet from Suzanne Lucas, the Evil HR Lady:

Screen Shot 2015-07-31 at 6.04.11 AM

 

As I told Suzanne, I really wasn't sure, so ...

Dear Americans with Disabilities Act,

How time flies -- you're already 25 years old! I have seen many lovely tributes to you this week, and a couple of my favorites are here and here. I hope you don't mind one more from me.

Little Girl Peeking Thru Heart-Shaped Hole.flickrCC.abcdz2000
"Peek-a-boo! I'll accommodate you!"

When President George H.W. Bush signed you into law in 1990, I had been practicing employment law for less than two years, so I feel ...

It's been 40 years since Jimmy Hoffa disappeared. Yesterday's Detroit Free Press had a great article about the whole mysterious story, including the mobster suspects and all the leads that turned out to be dead ends. Hey, it's labor-related!!

Uh-oh. Lawyers who do document review may not be exempt from the overtime requirements of the Fair Labor Standards Act, according to a court decision issued yesterday.

Large law firms and legal services vendors often hire stables of contract lawyers to do document review in big cases. Sometimes, the lawyers who do the review are actually reading and analyzing the documents in light of ...

Here's a lesson: Don't call your employee an "old fart," especially if you think you may need to fire him someday.

Rembrandt.The_Anatomy_Lesson.Wikipedia (public domain)
"Class, where did this employer (allegedly) go wrong?"

And don't call his co-workers "old farts" right before you fire the co-workers.

And don't give your "old fart," who has only a first-level warning on his record, three or four "progressive" warnings on the day ...

We went to the U.S. Supreme Court, and all I got was this lousy $45K?

(Better than a lousy t-shirt, I guess.)

Law360 reports that, now that the U.S. Supreme Court has ruled in favor of the Equal Employment Opportunity Commission in the high-profile religious discrimination and accommodation case, Abercrombie has agreed to pay Samantha Elauf $25,670.53 in damages and $18,983.03 ...

A good reminder for employers about maintaining cybersecurity comes from a recent Washington Post article ("This is why the government keeps getting hacked" by Jeffrey Neal) about the breach at the Office of Personnel Management. Sometimes the simplest things can cause huge problems . . .

The lock on the door is irrelevant if users of a system fail to close the door. For example, agencies ...

"I like it when the judge calls me 'honey' - that means he's going to grant my motion." -- Quote from real female attorney I know, circa 1990.

Does the court system discriminate against women lawyers? Could be!!!!

Anyway, that's what a couple of women litigators assume, based on their study showing that men were lead counsel in a sampling of federal cases in northern Illinois from ...

Are you still using "independent contractors"? Get out of here - you know they're really employees!

Donald Trump.flickrCC.GageSkidmore
Donald Trump might be an independent contractor. Everybody else is an employee. DISCLAIMER: NOT A POLITICAL ENDORSEMENT.

On Wednesday, I did a very short "breaking news" post on the new Interpretation issued by Wage and Hour Administrator David Weil on when workers are ...

Scary. Did you know that you could have workers' compensation liability for your employee's addiction to pain killers, or even an overdose, if the pain killers were being taken because of a workplace injury? Here's an eye-opening guide for employers from the National Safety Council, via Bloomberg BNA.

Law360 reported this morning that the U.S. Department of Labor issued a memorandum addressing the "independent contractor versus employee" issue, taking the position that most workers are actually employees within the meaning of the Fair Labor Standards Act.

We'll have more on this after we've had an opportunity to review it in more depth. Meanwhile, here is the Memorandum

Donuts.flickrCC.MichelleG
"Lick these, and you'll regret it!"

It's been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify.

5 Things Your Manager Doesn't Want You to Know. By the great Evil HR Lady, Suzanne Lucas. (Just to whet your appetite, the first is "I can't fire you.")

Can Employee Display a ...

David Spade.flickrCC.Dodge Challenger1
Channeling David Spade today.

Hey, EEOC, there's this newfangled technique known as "track changes." Look into it!

Last Thursday, the Equal Employment Opportunity Commission issued its amended guidance on pregnancy discrimination and accommodation in light of the U.S. Supreme Court decision in Young v. UPS, issued in March 2015. The EEOC's original guidance was ...

I hope you love this Chet Atkins version of John Phillip Sousa's "Stars and Stripes Forever" as much as I did. Have a great holiday!

 

https://www.youtube.com/watch?v=V8BDYETDM5c

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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