Posts in Retaliation.

After all, Fiscal Year 2017 ended just about the time that #MeToo began.

Has the world gone crazy?

A. No.

B. Yes.

C. The word “crazy” is a microaggression.

ANSWER: B.

Welcome to our world! 

See how you do with these guaranteed true news items from the last week, all relating to employment law. Then tell me whether you agree that we are living in some crazy times. YCMTSU.*

*You Can’t Make This Stuff Up. (I think this cliche has earned an internet acronym ...

On the recent uproar involving a major, major employer and its recently-terminated employee:

No. 1. Is it a good idea to provide an "open forum" to employees if there are certain topics that are off limits? No. If you want to provide a forum for employees to speak up, but only "within reason," then it's a good idea to establish and communicate your limits in advance. That way, if ...

Can an outside attorney defending an employer in a lawsuit under the Fair Labor Standards Act be liable for retaliation against the plaintiff-employee based on litigation tactics? One court answered that question "yes" last week.

Are these judges crazy? You decide.

In Arias v. Raimondo, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed dismissal of ...

DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow's date.  

Habit 1: Discriminate, retaliate, harass -- have a ball! There's a new sheriff in town, with a more employer-friendly, compliance-assistance-oriented U.S. Department of Labor (we think) and the nullification of burdensome regulations like the gone-and-not-lamented Fair Pay and Safe ...

This should have been an open-and-shut case. For the employer, that is, not the employee.

Lufkin Industries, Inc., had an employee, William Fisher, who was a 55-year-old African-American. One day, Mr. Fisher got into a verbal tiff with his 31-year-old white supervisor, and the supervisor called him "Boy." Mr. Fisher was offended and complained to the company's vice president of Human ...

A jury socked it to a Wisconsin employer last year in a Family and Medical Leave Act case, and the U.S. Court of Appeals for the Seventh Circuit recently affirmed.Head slap.flickrCC.OxOx

Well, I take that back. The Seventh Circuit didn't affirm completely -- no, it ordered the trial court to give the plaintiff more in attorneys' fees than she had already won.

Check it out:

Tracy Wink was a clerical employee for ...

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Cara Crotty

The U.S. Department of Labor recently rolled out www.worker.gov, an online tool designed to help employees file various types of complaints against their employers. The White House announced that the website will assist individuals “if they have had wages stolen, been injured on the job, faced discrimination, or been retaliated against for joining together to seek ...

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Tommy Eden

The Occupational Safety and Health Administration has delayed for a second time the enforcement date of its new "Reasonable Reporting Procedure" rule as it pertains to post-accident drug testing and safety incentive programs. The new enforcement date for the rule is December 1.

The rule was scheduled to take effect on August 10, and then OSHA extended the ...

I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it's great.

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Small businesses, which may be just below or at the cusp of coverage by federal anti-discrimination laws, are often confused about (1) whether they are covered, and (2) if so, what they need to do.

The EEOC ...

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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