Posts from June 2016.

U.S. District Court Judge Sam R. Cummings in Lubbock, Texas, has issued a preliminary injunction, which blocks the U.S. Department of Labor's "Persuader Rule" from going into effect on Friday. I have not had a chance to read the decision yet, but here it is. This is great news for employers. Many thanks to my law partner, Mel Haas, who had the inside scoop and shared it with the rest of us ...

No more pencils, no more books, no more teacher's dirty looks . . . except for one little quiz on employment law issues that come up during the summer.

Don't worry about your score - I'm told that Teacher already has her flip-flops packed and is on her way to Cancun.

No. 1. You are the office manager for a conservative accounting firm. Now that the weather is getting warmer, you are having a problem with some womenMan in Skirt.flickrCC.WilPharma wearing skimpy sundresses with insufficient "foundations." You are not having this problem with your male employees. What can you do?

A. Tell the women to stop dressing like floozies. Then, document it, because you know what they say: "Document, document, document!"

B. Issue a dress code that spells out in detail the requirements for men and women, including that men must wear suits and ties, and that women must wear dresses or skirts, or tailored pants and blouses with sleeves, or a sweater that covers their arms, and pantyhose, and heels. And everyone has to wear gender-appropriate underwear, which for women includes bras, panties, and slips if the dresses are thin.

C. Issue a dress code that says all employees are expected to wear appropriate business attire and that arms and chests should not be "exposed."

I was on vacation last week, and so we have a lot of catching up to do. Here's what's been going on, from most to least recent:

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I had pressing legal business last week.

*David Phippen has been keeping us up to date on the U.S. Department of Labor's Persuader Rule and what that will mean for employers. On Wednesday, a federal judge in Minnesota refused to preliminarily block enforcement of ...

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The winner, and still champion!

Just how much of a duty to conciliate does the Equal Employment Opportunity Commission have after the Supreme Court's decision last year in Mach Mining?

Hardly any, it appears.

In Mach Mining, the Supreme Court decided that courts did have the authority to review the agency's conciliation efforts (which caused employers to claim it as an "employer's ...

Nightmare.flickrCC.PhillipSidek
"C'mon! I was on a roll!"

My first job out of college was as a non-exempt clerical, and I wasn't a very "good fit." The work aside, I chafed at the rigid rules about start times-stop times-breaks-lunch hours-quitting times. If there was some work that I wanted to finish up and it was "lunch time," I couldn't take the extra 15 minutes needed to get it done. I had to stop right then and there, and ...

The Spring 2016 edition features (in order of appearance) Naveen Kabir on the Supreme Court's Tyson Foods decision, Anna Rothschild on the Supreme Court after Justice Scalia and Merrick Garland's record on labor and employment cases, Mallory Schneider Ricci on the Supreme Court's CRST Van Expedited v. EEOC decision (if you haven't already, please check out Marcia McShane's very ...

These will be really quick takes, since there are so many of them, on the proposed Enforcement Guidance on National Origin Discrimination issued this week by the Equal Employment Opportunity Commission. (The actual document is 57 pages long, not counting the table of contents.)

I'll try to focus on the less obvious/more interesting points.NativeAmericans.flickrCC.Lordcolus

Take No. 1: "National ...

Clocks.flickrCC.JessicaQuirkBill McMahon, my law partner and next-door neighbor, has a good analysis of the Supreme Court's recent decision in Green v. Brennan, in which the Court found that the time for filing a constructive discharge claim under Title VII starts to run from the date that the employee tenders his resignation, not the date of the last discriminatory act by the employer.

It's not that bad for ...

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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