Constangy Brooks, Smith & Prophete LLP

Employment Law

Drug testing in the '20s: What employers should and shouldn't do
Employment & Labor Insider, 1.17.20
What are “Reasonable Security Procedures” under the CA Consumer Privacy Act?
1.15.20
Illinois employers, get ready!
Employment & Labor Insider, 1.14.20
New Year's resolutions for employers
Employment & Labor Insider, 1.10.20
Massachusetts rings in the new year with new employment laws
1.7.20
Second-guessing the advice columns: The morning after the workplace party
Employment & Labor Insider, 1.3.20
This week in employment law: Island of the Misfits
Employment & Labor Insider, 12.20.19
Employee termination quiz!
Employment & Labor Insider, 12.13.19
Workplace holiday party central!
Employment & Labor Insider, 12.6.19
Small world.
Employment & Labor Insider, 12.6.19
10 things for which this employment lawyer is thankful in 2019
Employment & Labor Insider, 11.22.19
Employers need to start caring about arbitrator disclosure.
California Snapshot , 11.19.19
"OK Boomer" -- harmless, or harassment?
Employment & Labor Insider, 11.15.19
Employers can start an arbitration program after being sued . . .
California Snapshot , 11.12.19
EEOC urges NLRB to let employers prevent, punish harassment
Employment & Labor Insider, 11.8.19
Mandatory arbitration agreements may no longer be enforceable
California Snapshot , 11.5.19
An employer's deposition disaster
Employment & Labor Insider, 11.1.19
Employers OTO get ready.
California Snapshot , 10.31.19
EEO-1 pay data complete?
Employment & Labor Insider, 10.31.19
Is gender dysphoria an ADA-protected disability?
Employment & Labor Insider, 10.25.19
It's time for California employers to get their check-ups
California Snapshot , 10.23.19
EEO-1 pay data collection is "complete"
Employment & Labor Insider, 10.22.19
Thoughts about the Supreme Court LGBT arguments
Employment & Labor Insider, 10.18.19
They’re here! California AG issues proposed regs for the Consumer Privacy Act
10.18.19
Second-guessing the advice columns: Get off my lawn!
Employment & Labor Insider, 10.4.19
What employers need to know about the new overtime exemption regulations
10.1.19
EEOC to accept comp data past reporting deadline
Employment & Labor Insider, 10.1.19
FMCSA Clearinghouse is open: Are you ready?
9.30.19
Eugene Scalia confirmed as Secretary of Labor
Employment & Labor Insider, 9.27.19
10 things your employment lawyer never wants to hear
Employment & Labor Insider, 9.20.19
Scalia confirmation hearing: A show about nothing
Employment & Labor Insider, 9.20.19
CA bill would limit use of independent contractors
Constangy FYI, 9.13.19
No more EEO-1 comp data, EEOC proposes
Employment & Labor Insider, 9.13.19
"Stud-shaming" may be sex harassment, court says
Employment & Labor Insider, 9.13.19
In retaliation cases, timing is everything.
Employment & Labor Insider, 9.6.19
A feel-good story about social media!
Employment & Labor Insider, 9.6.19
CA Supreme Court "OTO" learn by now
California Snapshot , 9.3.19
Politics and the workplace don't mix.
Employment & Labor Insider, 8.30.19
Gig workers: A boon or a legal bane for businesses?
8.29.19
Why transgender bias isn't "sex discrimination"
Employment & Labor Insider, 8.23.19
An employer between a rock and a hard place
Employment & Labor Insider, 8.23.19
California employers, are you ready to be "schooled"?
California Snapshot , 8.22.19
Board clarifies mandatory arbitration under NLRA
Employment & Labor Insider, 8.16.19
Will the EEOC change its tune on LGBT rights?
Employment & Labor Insider, 8.16.19
Hone your firing skills!
Employment & Labor Insider, 8.16.19
EEOC takes a hit in criminal background case
Employment & Labor Insider, 8.9.19
People are weird.
Employment & Labor Insider, 8.9.19
Sharon Fast Gustafson sworn in
Employment & Labor Insider, 8.9.19
What’s on the horizon for independent contractors in California?
California Snapshot , 8.7.19
"Accent bias" plus ethnic hostility can be constructive discharge
California Snapshot , 8.5.19
Reference info comes back to bite ex-employer
Employment & Labor Insider, 8.2.19
Senate confirms EEOC General Counsel
Employment & Labor Insider, 8.2.19
Uh-oh. A new gender pay gap!
Employment & Labor Insider, 8.2.19
Ten ways employers get themselves sued (Part Two)
Employment & Labor Insider, 7.26.19
My preemptive strike for Eugene Scalia
Employment & Labor Insider, 7.26.19
Ten ways employers get themselves sued (Part One)
Employment & Labor Insider, 7.19.19
Justice Stevens and employment law
Employment & Labor Insider, 7.19.19
Court strikes down New York anti-arbitration provisions
7.18.19
Eugene Scalia to be Trump's nominee for Labor
Employment & Labor Insider, 7.18.19
New York becomes second state to ban “hair discrimination” in the workplace
7.18.19
EEOC portal for comp data is now open!
Employment & Labor Insider, 7.16.19
What New York employers need to know about the state's new equal pay and salary history laws
7.16.19
Email etiquette can prevent, and help you defend, lawsuits
Employment & Labor Insider, 7.12.19
Supreme Court to hear LGBT cases on October 8
Employment & Labor Insider, 7.9.19
California becomes first state to ban “hair discrimination”
California Snapshot , 7.9.19
Alabama's new equal pay law
7.8.19
"This week (or thereabouts) in employment law" quiz
Employment & Labor Insider, 7.3.19
Get answers to your EEO-1 comp data questions!
Employment & Labor Insider, 7.3.19
Supreme Court rewrites the rules for judicial deference to agency interpretations
7.2.19
"Sexual harassment" in the nature of the business
Employment & Labor Insider, 6.28.19
Local minimum wage increases in CA take effect Monday
California Snapshot , 6.27.19
EEOC ready to accept comp data on July 15
Employment & Labor Insider, 6.26.19
Colorado Bans the Box
6.24.19
Miss Mannerly answers your summer HR questions
Employment & Labor Insider, 6.21.19
More details on Massachusetts Paid Family and Medical Leave law implementation
6.17.19
Another court says obesity is not a "disability"
Employment & Labor Insider, 6.14.19
Update on EEO-1 comp data reporting
Employment & Labor Insider, 6.11.19
Can Title VII plaintiffs bypass the EEOC?
Employment & Labor Insider, 6.7.19
Do heterosexuals have Title VII rights? The exciting conclusion!
Employment & Labor Insider, 6.7.19
This is evidence of age discrimination?
Employment & Labor Insider, 5.31.19
Colorado enacts one of the toughest pay equity laws in the country
5.30.19
Equal pay "certification": A terrible idea
Employment & Labor Insider, 5.29.19
People come and go so quickly here!
Employment & Labor Insider, 5.16.19
"Moms in the Workplace" quiz!
Employment & Labor Insider, 5.10.19
Janet Dhillon confirmed as EEOC Chair
Employment & Labor Insider, 5.8.19
CA independent contractor decision applies retroactively
California Snapshot , 5.6.19
The EEO-1 compensation data appeal: What we know now
Employment & Labor Insider, 5.6.19
EEOC nominee Dhillon is up for confirmation vote next week!
Employment & Labor Insider, 5.3.19
EEOC to require 2018 and 2017 comp data by Sept. 30 (UPDATED)
Employment & Labor Insider, 5.3.19
Do heterosexuals have Title VII rights? Part Two.
Employment & Labor Insider, 5.3.19
Help wanted - "Preferably Caucasian"?
Employment & Labor Insider, 5.2.19
EEOC posts notification on EEO-1 comp data
Employment & Labor Insider, 4.29.19
Tennessee encourages anti-bullying policies by providing immunity from related lawsuits
4.29.19
What you need to know about the Supreme Court LGBT cases
Employment & Labor Insider, 4.26.19
"God's plan" goes awry
Employment & Labor Insider, 4.26.19
EEO-1 comp data is due Sept. 30 (UPDATED)
Employment & Labor Insider, 4.25.19
Part four of the EEO-1 comp data saga
Employment & Labor Insider, 4.18.19
"Fat shaming" costs employer big bucks
Employment & Labor Insider, 4.18.19
Continued employment is "acceptance" of an arbitration agreement
California Snapshot , 4.16.19
Phone call triggers employer's "reporting pay" obligations
California Snapshot , 4.16.19
OFCCP seeks to revise scheduling letters
4.15.19
Very interesting! EEOC releases official FY2018 charge stats
Employment & Labor Insider, 4.12.19
NYC expected to ban marijuana tests to weed out job applicants
Employment & Labor Insider, 4.11.19
NJ ban on nondisclosure agreements: What does it mean for employers?
4.10.19
Cheryl Stanton confirmed as head of U.S. Wage Hour Division
Employment & Labor Insider, 4.10.19
Your customers may be driving your employees to drink
Employment & Labor Insider, 4.10.19
My greatest Equal Pay idea ever!
Employment & Labor Insider, 4.5.19
EEOC proposes deadline of 9/30 for employers to submit EEO-1 compensation data
4.4.19
BREAKING: Deadline of 9/30 proposed for EEO-1 comp data
Employment & Labor Insider, 4.4.19
Do arbitration agreements have to comply with the OWBPA?
Employment & Labor Insider, 3.29.19
Happy Friday, Michiganders!
Employment & Labor Insider, 3.29.19
When monitoring employees' computer activity, don't overreach.
Employment & Labor Insider, 3.22.19
Horribly sexist, or fantastic HR?
Employment & Labor Insider, 3.22.19
Chapter Two in the EEO-1 pay survey flap
Employment & Labor Insider, 3.20.19
"This week in employment law" quiz!
Employment & Labor Insider, 3.15.19
California Snapshot: Payroll company not liable for alleged wage-hour violations of employer
California Snapshot , 3.12.19
"Equal pay" quiz!
Employment & Labor Insider, 3.8.19
A clarification on those proposed EEOC regulations
Employment & Labor Insider, 3.7.19
"Masterpiece Cakeshop Two" is over
Employment & Labor Insider, 3.6.19
BREAKING: EEO-1 pay data collection is back on
Employment & Labor Insider, 3.5.19
LGBT bias claims could become viable under Missouri Human Rights Act
Employment & Labor Insider, 3.5.19
"HR basics" quiz!
Employment & Labor Insider, 3.1.19
Finally! Trump's workplace nominees make it out of committee
Employment & Labor Insider, 2.28.19
BREAKING: Supreme Court vacates Ninth Circuit Equal Pay Act decision
Employment & Labor Insider, 2.25.19
Proposed EEOC regs a mere formality? Don't be too sure.
Employment & Labor Insider, 2.22.19
California Snapshot: Court sends employees packing . . . to arbitration
California Snapshot , 2.21.19
Another caution for employers in medical marijuana states
Employment & Labor Insider, 2.20.19
Add “Hairassment” to your vocabulary: Guidance from NYC rights commission bans “hair discrimination”
2.19.19
"She slept her way to the top!" = sexual harassment
Employment & Labor Insider, 2.15.19
Uh-oh. Michigan AG to review Paid Medical Leave Act politicking.
Employment & Labor Insider, 2.13.19
Draft regulations interpreting Massachusetts Paid Family and Medical Leave law provide help, but some questions unanswered
2.12.19
California Snapshot: Don't place all your bets on employee non-solicitation agreements.
California Snapshot , 2.12.19
Dr. Loveless is back for Valentine's Day 2019!
Employment & Labor Insider, 2.8.19
LGBT rights under Title VII: Another court weighs in
Employment & Labor Insider, 2.8.19
Will we get a federal paid leave law this year?
Employment & Labor Insider, 2.6.19
Deadline for filing EEO-1 workforce data extended thru May 31
Employment & Labor Insider, 2.4.19
Six legal traps for "red state" employers
Employment & Labor Insider, 2.1.19
CALIFORNIA SNAPSHOT: Is "medical marijuana accommodation" on the way?
California Snapshot , 1.31.19
EEOC portal is back up and running
Employment & Labor Insider, 1.30.19
No "disparate impact" claim for older applicants, court says
Employment & Labor Insider, 1.25.19
In light of recent events
Employment & Labor Insider, 1.25.19
SCOTUS arbitration decision: Everything old is new again
Employment & Labor Insider, 1.17.19
SCOTUS to hear case on Title VII "exhaustion"
Employment & Labor Insider, 1.17.19
FAQs about Michigan's new Paid Medical Leave Act
Employment & Labor Insider, 1.17.19
Trump renominates for workplace agencies
Employment & Labor Insider, 1.17.19
CALIFORNIA SNAPSHOT: Check those arbitration agreements in light of SCOTUS decision
California Snapshot , 1.14.19
Massachusetts “Grand Bargain” is not so “grand” for employers
1.14.19
Do heterosexuals have Title VII rights?
Employment & Labor Insider, 1.11.19
Christian baker's lawsuit against Colorado can proceed, court says
Employment & Labor Insider, 1.10.19
Is Missouri easing up on employment arbitration agreements?
Employment & Labor Insider, 1.7.19
Year-end employment law roundup
Employment & Labor Insider, 1.4.19
Has morale improved yet?
Employment & Labor Insider, 1.4.19
BREAKING: Trump nominee for EEOC withdraws from consideration
Employment & Labor Insider, 12.22.18
EEOC rescinds wellness incentive rules
Employment & Labor Insider, 12.20.18
CALIFORNIA SNAPSHOT: Seven questions employers should ask in 2019
California Snapshot , 12.19.18
Executive recruiter not liable for hiring bias, court says
Employment & Labor Insider, 12.14.18
Which employment laws apply to interstate compacts?
Employment & Labor Insider, 12.11.18
SCOTUS to revisit standard for reviewing agency interpretations
Employment & Labor Insider, 12.11.18
Second-guessing the advice columns: Holiday party harasser
Employment & Labor Insider, 12.10.18
Avoid women at all costs?
Employment & Labor Insider, 12.7.18
BREAKING: Supreme Court WON'T consider taking up LGBT cases this Friday.
Employment & Labor Insider, 12.3.18
6 easy ways to keep your workplace holiday party -- without a lawsuit.
Employment & Labor Insider, 11.30.18
Supreme Court-LGBT update
Employment & Labor Insider, 11.29.18
10 things for which this employment lawyer is thankful in 2018
Employment & Labor Insider, 11.21.18
Wiccans, pagans now outnumber Presbyterians, study says
Employment & Labor Insider, 11.21.18
Refusal to accommodate, retaliation, or both?
Employment & Labor Insider, 11.16.18
Harassment interviews conducted by AI?
Employment & Labor Insider, 11.16.18
Supreme Court will soon decide whether to take up LGBT rights cases
Employment & Labor Insider, 11.9.18
Supreme Court will soon decide whether to take up LGBT rights cases
11.9.18
State-by-state post-election roundup
Employment & Labor Insider, 11.8.18
ADEA applies to small state and local government employers, Supreme Court says
11.7.18
House flip unlikely to have impact on labor and employment law
Employment & Labor Insider, 11.7.18
"Sexual Harassment Defense Industrial Complex"? Gimme a break.
Employment & Labor Insider, 10.26.18
DOJ v. EEOC on LGBT: Game on?
Employment & Labor Insider, 10.26.18
Thank you, Justice Sandra Day O'Connor
Employment & Labor Insider, 10.24.18
Less than a week to go! NJ Earned Sick Leave Law takes effect next Monday.
10.23.18
What's up for employers? Trump releases Fall '18 regulatory agenda
Employment & Labor Insider, 10.19.18
For your protection: ABA says lawyers must inform clients of data breaches
Employment & Labor Insider, 10.19.18
World's worst bosses -- for employers who don't want to be sued
Employment & Labor Insider, 10.12.18
EEOC now says it IS having a #MeToo spike
Employment & Labor Insider, 10.12.18
An employment lawyer's thoughts on the Kavanaugh controversy
Employment & Labor Insider, 10.5.18
Supreme Court-LGBT rights update
Employment & Labor Insider, 10.4.18
New York State sexual harassment training deadline is extended, but you’d better have your policy in place ASAP!
10.2.18
California’s Gov. Brown signs and vetoes several pieces of #MeToo legislation
10.2.18
PA Human Rights Commission to treat LGBT bias as "sex" discrimination
Employment & Labor Insider, 10.1.18
FMLA quirks quiz!
Employment & Labor Insider, 9.28.18
Employers, just say no to these disability/pregnancy practices!
Employment & Labor Insider, 9.21.18
Who's the boss? Limiting your liability for employee misconduct
Employment & Labor Insider, 9.19.18
Retaliation: A workplace soap opera
Employment & Labor Insider, 9.14.18
Federal judge in Connecticut confirms medical marijuana protection
Employment & Labor Insider, 9.11.18
That's a sexist rule, bra!
Employment & Labor Insider, 9.7.18
Is the sexual harassment "groundswell" starting?
Employment & Labor Insider, 9.6.18
New York State releases proposed harassment materials
Employment & Labor Insider, 9.5.18
New York State releases proposed harassment materials
9.5.18
Updated FMLA forms are now available
Employment & Labor Insider, 9.4.18
Is arbitration a good fit for your company?
Employment & Labor Insider, 9.4.18
Drug testing quiz!
Employment & Labor Insider, 8.31.18
Delaware enacts new sexual harassment provisions – with mandatory training!
8.30.18
Almost everybody wants the Supreme Court to rule on LGBT rights.
Employment & Labor Insider, 8.29.18
Cybersabotage: The hot tactic of today's disgruntled employee
Employment & Labor Insider, 8.24.18
Should the OWBPA protections apply to under-40s, too?
Employment & Labor Insider, 8.24.18
Hostile work environment, or just NSFW?
Employment & Labor Insider, 8.17.18
This ADA accommodation case went wrong in so many ways.
Employment & Labor Insider, 8.17.18
Masterpiece Cakeshop, Round 2
Employment & Labor Insider, 8.15.18
Big LGBT bias case has settled
Employment & Labor Insider, 8.6.18
Funeral home seeks SCOTUS review of transgender bias case
Employment & Labor Insider, 8.3.18
Michigan does a 360 on LGBT rights
Employment & Labor Insider, 7.27.18
A pregnancy-disability-FMLA triple whammy
Employment & Labor Insider, 7.20.18
Court refuses to review another sexual orientation case
Employment & Labor Insider, 7.20.18
Zero tolerance for "zero tolerance" policies
Employment & Labor Insider, 7.13.18
What GA employers need to know about the hands-free driving law
Employment & Labor Insider, 7.2.18
Miss Mannerly answers all of your summer dress code questions
Employment & Labor Insider, 6.29.18
Supreme Court nixes forced union fees for public sector employees
6.28.18
Justice Kennedy to retire
Employment & Labor Insider, 6.27.18
Incoming! Another sexual orientation bias case is on the way
Employment & Labor Insider, 6.22.18
Five fun facts about fathers (in the workplace)
Employment & Labor Insider, 6.15.18
Minimum wages to increase July 1 - are you ready?
Employment & Labor Insider, 6.15.18
Still no #MeToo uptick in sex harassment charges, EEOC says
Employment & Labor Insider, 6.13.18
Woo-hoo! Normal HR policies are legal again, says NLRB General Counsel
Employment & Labor Insider, 6.8.18
What the Masterpiece Cakeshop decision means for employers
6.6.18
Medical inquiries and the ADA
Employment & Labor Insider, 6.1.18
LGBT bias case going to Supreme Court?
Employment & Labor Insider, 5.31.18
"Employment at will" quiz!
Employment & Labor Insider, 5.25.18
Michigan's civil rights law now includes LGBT protections
Employment & Labor Insider, 5.25.18
#MeToo quiz!
Employment & Labor Insider, 5.11.18
What's on the feds' regulatory agenda
Employment & Labor Insider, 5.11.18
Job applicants have disparate impact claim based on age, court says
Employment & Labor Insider, 5.4.18
Employee, or independent contractor? Probably “employee,” California Supreme Court says
5.4.18
Don't scrap the "severe or pervasive" standard in sex harassment cases
Employment & Labor Insider, 4.27.18
50 states, 50 sexual harassment training requirements
Employment & Labor Insider, 4.20.18
Big Trouble in the Big Apple: New York State and NYC expand sexual harassment laws
4.19.18
Is use of salary history inherently discriminatory?
Employment & Labor Insider, 4.13.18
Top 5 DOT policy fixes for 2018
4.11.18
Employers, you can still win a transgender bias case.
Employment & Labor Insider, 4.10.18
The gender pay gap is smaller than you think.
Employment & Labor Insider, 4.6.18
It ain't cool to be an April Fool.
Employment & Labor Insider, 3.29.18
Overtime plaintiffs get legal smackdown (suspended)
Employment & Labor Insider, 3.27.18
Trump nominates General Counsel to EEOC
Employment & Labor Insider, 3.20.18
The breakdown on that "transgender funeral home" decision
Employment & Labor Insider, 3.16.18
Will drug testing become a thing of the past?
Employment & Labor Insider, 3.6.18
Another court says Title VII bans sexual orientation bias: Debating the issues
Employment & Labor Insider, 3.2.18
10 ways employers give their employees a "bad hair day"
Employment & Labor Insider, 2.23.18
Supreme Court limits Dodd-Frank “whistleblower” standing to individuals who report violations directly to SEC
2.21.18
A ho-hum EEOC strategic plan? Maybe that's not so bad.
Employment & Labor Insider, 2.16.18
Have a workplace romance question? Ask the doctor!
Employment & Labor Insider, 2.9.18
Criminal background guidance enjoined -- could that affect you?
Employment & Labor Insider, 2.7.18
Is telecommuting a reasonable accommodation? It depends.
Employment & Labor Insider, 2.2.18
EEOC charges were down in FY2017 . . . but don't celebrate just yet
Employment & Labor Insider, 1.31.18
Religious discrimination against one of "your own"? Yes, it can happen.
Employment & Labor Insider, 1.26.18
EEO-1 Reports for 2017 are now being accepted!
Employment & Labor Insider, 1.25.18

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