Constangy, Brooks, Smith & Prophete, LLP

Employment Law

Dads-in-the-21st-century workplace quiz!
Employment & Labor Insider, 6.13.25
The feds may be backing down on LGBTQ protections, but should employers?
Employment & Labor Insider, 6.11.25
Minnesota Twins’ team doctor may face malpractice claim due to Florida workers’ comp exception
Employment & Labor Insider, 6.10.25
Justice Thomas continues to ask litigants to challenge McDonnell Douglas standard
6.10.25
Company’s pay equity study is not privileged, court rules
EEO Compliance Dispatch, 6.10.25
BREAKING: SCOTUS overrules higher standard for majority group asserting bias claims
6.5.25
Lawsuit by injured baseball player latest in line of field safety cases
Employment & Labor Insider, 6.3.25
Will the OFCCP be relegated to the dustbin of history?
EEO Compliance Dispatch, 6.2.25
The demise of disadvantaged business enterprises
Sharpen Your FOCUS: Perspectives on Workplace Diversity , 6.2.25
AI job interviews: What we have to "look forward" to
Employment & Labor Insider, 5.30.25
Three decisions provide cautions for employers who do business in the Bay State
5.28.25
AI and Employment
Constangy Cyber Advisor , 5.27.25
Court scraps EEOC guidance on pronouns, restrooms, and dress
Employment & Labor Insider, 5.23.25
DOJ announces Civil Rights Fraud Initiative
EEO Compliance Dispatch, 5.21.25
Hamby’s pregnancy suit survives, exposes limits of WNBA arbitration provision
Employment & Labor Insider, 5.20.25
Filing window for 2024 EEO-1 Reports now open
EEO Compliance Dispatch, 5.20.25
Dads have workplace rights, too -- with a twist.
Employment & Labor Insider, 5.16.25
EEOC may have a quorum soon: 4 things employers can expect
Employment & Labor Insider, 5.9.25
DOL reinstates Trump’s standard on independent contractors under FLSA
5.6.25
AI hallucinations cause bad trip for lawyers
Employment & Labor Insider, 5.2.25
EEOC announces tentative deadline for EEO-1 Reports
EEO Compliance Dispatch, 4.28.25
Has Trump's EO killed disparate impact claims?
Employment & Labor Insider, 4.25.25
Can you take action against an employee for being a pain in the you-know-what?
Employment & Labor Insider, 4.17.25
No wrongful discharge claim based on exercise of rights under state Constitution, Tennessee high court says
4.15.25
Trump fired an EEOC Commissioner. You won't BELIEVE what happened next!
Employment & Labor Insider, 4.11.25
What to do about DEI? Former EEOC officials weigh in
Sharpen Your FOCUS: Perspectives on Workplace Diversity , 4.9.25
Employee pirates can plunder a business. Arrrgh ye ready?
4.8.25
Accommodation may be required even if “essential functions” can be performed without
Employment & Labor Insider, 3.28.25
Another new Director named for OFCCP
EEO Compliance Dispatch, 3.25.25
EEOC issues guidance on DEI compliance
Sharpen Your FOCUS: Perspectives on Workplace Diversity , 3.21.25
7 tips for employers about DEI programs
Employment & Labor Insider, 3.21.25
FMLA brain teaser!
Employment & Labor Insider, 3.14.25
EEOC signals crackdown on anti-Jewish bias
Employment & Labor Insider, 3.7.25
SCOTUS to clarify legal standard for “reverse” bias claims
Sharpen Your FOCUS: Perspectives on Workplace Diversity , 3.3.25
What Justices' FLSA Ruling Means For 2-Step Collective Cert.
Law360, 2.25.25
EEOC backtracks on transgender, pregnancy; full speed ahead against “anti-American” bias
Employment & Labor Insider, 2.21.25
“He said, she said” no longer cuts it: Seventh Circuit clarifies proof required for overtime claims
2.19.25
Employer Guidance: Responding to ICE raids
2.19.25
President Trump’s anti-DEI executive orders face challenge
Sharpen Your FOCUS: Perspectives on Workplace Diversity , 2.13.25
A sneak peek at what a religious accommodation trial might look like for a guy who can't work Sundays
2.10.25
7 strikes, and this employer is OUT!
Employment & Labor Insider, 1.17.25
Robin's quickie guide to motions to dismiss, summary judgment, and trial
Employment & Labor Insider, 1.17.25
The intersection of partisan political speech and employee rights. Look both ways before crossing.
1.15.25
Proposed rule on federal contractor salary information requests, comp information on job postings is withdrawn
1.10.25
Foolish CEO quips, fishy termination mean pregnancy case will go to trial
Employment & Labor Insider, 1.3.25
The Holiday Pay Playbook: Regular rate, holiday bonuses, and California overtime
California Snapshot , 12.20.24
3 things that will make an employer's case go down to defeat
Employment & Labor Insider, 12.20.24
A note from Santa about workplace holiday parties
Employment & Labor Insider, 12.13.24
"Tighty whitey" case has 4 good lessons about workplace retaliation
Employment & Labor Insider, 12.6.24
San Diego County Fair Chance Ordinance is now in effect
California Snapshot , 11.26.24
ACLU, others back EEOC in challenge to Enforcement Guidance on harassment
Employment & Labor Insider, 11.22.24
Federal Court vacates minimum salary level increase
11.18.24
Five areas of employment law (at least) may be affected by Trump's second act.
Employment & Labor Insider, 11.15.24
Bosses, don’t roll the dice with your employees. You could be personally liable.
11.6.24
The rise of “reverse” discrimination claims
Sharpen Your FOCUS: Perspectives on Workplace Diversity , 11.6.24
Contractors face another FOIA request for EEO-1 Reports
EEO Compliance Dispatch, 11.4.24
The termination wasn't perfect, but this employer nailed the retaliation case.
Employment & Labor Insider, 11.1.24
Tua Tagovailoa’s return raises questions about autonomy, disability, cognitive bias
Employment & Labor Insider, 10.29.24
You be the judge: Does this ADA plaintiff have a case?
Employment & Labor Insider, 10.25.24
Don't want an EEOC pregnancy lawsuit? Then DON'T do these 4 things.
Employment & Labor Insider, 10.18.24
Mark your calendars! California’s new minimum wage for health care workers takes effect tomorrow
10.15.24
FMLA leave: 5 things this employer (allegedly) did wrong
Employment & Labor Insider, 10.11.24
2024 Employer's Guide to State Voting Leave Requirements
10.8.24
The inexorable zero. The assault on workplace DEI. And four tips for avoiding the attack.
Sharpen Your FOCUS: Perspectives on Workplace Diversity , 10.2.24
3 essential employee trainings for your company curriculum
Employment & Labor Insider, 9.24.24
FMLA abuse: 5 things this employer did right
Employment & Labor Insider, 9.20.24
Miss Mannerly's five tips for political peace in the workplace
Employment & Labor Insider, 9.13.24
Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination
Sharpen Your FOCUS: Perspectives on Workplace Diversity , 9.11.24
New women’s soccer CBA furthers competitive advantage over rival super league
Employment & Labor Insider, 9.10.24
Workplace drug/alcohol policies in a legal weed world: 10 easy steps
Employment & Labor Insider, 9.6.24
Don’t let a bad employee’s protected activity lead you into the twilight zone.
9.5.24
Five tactics to dispel negative stereotypes of DEI
Sharpen Your FOCUS: Perspectives on Workplace Diversity , 9.4.24
LA County Fair Chance Ordinance takes effect today. Here's what you need to know.
California Snapshot , 9.3.24
Drugs and alcohol in the workplace: Five fun facts
Employment & Labor Insider, 8.30.24
Fifth Circuit vacates DOL regs regarding tipped employees
8.28.24
Don't use AI to get around the ADA!
Employment & Labor Insider, 8.23.24
Ten ways to avoid challenges to DEI initiatives
Sharpen Your FOCUS: Perspectives on Workplace Diversity , 8.23.24
The FTC noncompete ban is dead. Here are five steps employers should take now.
8.22.24
Can GIPA be the new BIPA?
8.21.24
Reasonable accommodation and the ADA: Top 8 rules for employers
Employment & Labor Insider, 8.16.24
Pregnancy lawsuit against WNBA, Aces presents host of legal issues
Employment & Labor Insider, 8.16.24
Five lessons plus four in social media and workplace harassment
8.14.24
Anti-harassment efforts of National Women’s Soccer League cause some blowback
Employment & Labor Insider, 8.5.24
Hiring discrimination claims: 5 ways to stay out of hot water
Employment & Labor Insider, 8.2.24
Massachusetts Enacts Pay Transparency Law
8.1.24
Law profs attack Goodell’s arbitral authority as troubling workplace precedent
Employment & Labor Insider, 7.29.24
Ouch! Four tips on email mishaps in the workplace
Employment & Labor Insider, 7.26.24
Employers, don't get tripped up in this "GINA" trap
Employment & Labor Insider, 7.19.24
Texas challenge to EEOC harassment guidance ends -- for now.
Employment & Labor Insider, 7.19.24
Three often overlooked keys for a successful mediation
7.16.24
Missouri sues IBM over alleged diversity quotas
Sharpen Your FOCUS: Perspectives on Workplace Diversity , 7.15.24
The man who said "no" to DEI training, and four lessons for employers
Employment & Labor Insider, 7.12.24
Judge temporarily blocks FTC noncompete ban on limited basis
7.9.24
The death of Chevron
7.8.24
10 social media tips for employers and employees
Employment & Labor Insider, 6.28.24
Pregnancy regs take effect, results of court challenges are mixed
Employment & Labor Insider, 6.21.24
ADA challenge to wellness incentives stays alive
Employment & Labor Insider, 6.14.24
Diversity has no boundaries: The short-lived discrimination lawsuit against NYU Law Review
Sharpen Your FOCUS: Perspectives on Workplace Diversity , 6.11.24
What lies beneath the “substantial increased costs” needed to reject a request for a religious accommodation?
6.11.24
Court halts black-only grants program
Sharpen Your FOCUS: Perspectives on Workplace Diversity , 6.5.24
EEOC lowers the boom on EEO-1s
Employment & Labor Insider, 5.31.24
Law firm faces trial on HR manager’s pregnancy claims
Employment & Labor Insider, 5.17.24
Challenges to EEOC regs keep on coming
Employment & Labor Insider, 5.17.24
Mother's Day "pregnancy" quiz!
Employment & Labor Insider, 5.10.24
Biting the hand that feeds you. Don’t bite back.
5.9.24
European leagues continue to learn from U.S. sports law
Employment & Labor Insider, 5.6.24
EEOC Guidance on workplace harassment: What employers need to know
Employment & Labor Insider, 5.3.24
Practical implications for student-athletes if they professionalize
Employment & Labor Insider, 4.30.24
Everything you wanted to know about the Pregnant Workers Fairness Act*
Employment & Labor Insider, 4.26.24
Everything you wanted to know about Pregnant Workers Fairness Act*
4.25.24
USDOL finalizes new increases in minimum salaries for white-collar exemptions
4.25.24
FTC votes to ban most employment-related noncompetes
4.24.24
“Significant harm” not needed for discriminatory transfer claim, SCOTUS says
Employment & Labor Insider, 4.19.24
“Significant harm” not required for discriminatory transfer claim, SCOTUS says
4.19.24
How to avoid a PR nightmare: Lessons learned from Cloudflare’s viral firing of tech worker
Employment & Labor Insider, 4.17.24
Employer “waived” bye-bye to arbitration after litigating for 7 months
4.15.24
Reverse gender identity discrimination? Yes, it's a thing.
Employment & Labor Insider, 4.12.24
Eclipses and the workplace quiz!
Employment & Labor Insider, 4.5.24
“Workin’ 9 to 5.” Is that still a thing?
4.3.24
Feds announce overhaul of race/ethnicity categories
4.1.24
Law student sues Chicago Bears over “Legal Diversity Fellow” role
Employment & Labor Insider, 3.19.24
Respondeat superior and other Latin terms you should know
3.19.24
NYS ban on employer social media inquiries takes effect
3.13.24
Chutzpah and the shifting defenses to requests for religious accommodation
3.11.24
DEI Quiz!
Employment & Labor Insider, 3.8.24
Is the Pregnant Workers Fairness Act an invalid law?
Employment & Labor Insider, 3.1.24
EEO-1 Reports due June 4
EEO Compliance Dispatch, 2.27.24
When employers are sorry
Employment & Labor Insider, 2.23.24
Luck may have been the residue of design in jeweler’s age discrimination win
2.20.24
Preferred pronouns and the aging workforce
Employment & Labor Insider, 2.16.24
Lawsuit by ex-NWSL coach attacks investigation that led to his removal
Employment & Labor Insider, 2.13.24
Accommodating cannabis: A "how-to" for employers
Employment & Labor Insider, 2.9.24
Important Reminder: Deadline Approaching for California Noncompete Notice Requirement
2.9.24
Massachusetts Legislature considering laws to ban “workplace bullying”
2.1.24
Independent Contractor Rule: The 6 “economic reality” factors
1.24.24
Two years into his bias suit against NFL, Brian Flores has little to show for it.
Employment & Labor Insider, 1.23.24
Want to fire your employee for FMLA fraud?
Employment & Labor Insider, 1.19.24
Retaliation. The second guy always gets caught.
1.11.24
DOL issues Final Rule on independent contractors under the FLSA
1.10.24
Bah! Humbug! An employment law Christmas Carol
Employment & Labor Insider, 12.22.23
It’s an election year. Be careful out there.
12.18.23
Va. Supreme Court lets teacher's "pronoun" lawsuit go forward
Employment & Labor Insider, 12.15.23
I'm an employment lawyer. Here are 5 things you employers are doing wrong.
Employment & Labor Insider, 12.8.23
Major League Baseball loosens non-player labor market
Employment & Labor Insider, 12.5.23
What employers can learn from the OpenAI drama
Employment & Labor Insider, 11.28.23
California raises minimum wage for health care workers in 2024
11.21.23
5 things that could get you accused of sex harassment
Employment & Labor Insider, 11.17.23
You asked for it, Kathy Griffin.
Employment & Labor Insider, 11.3.23
"Quiet firing": A bad idea
Employment & Labor Insider, 10.27.23
Antitrust for HR professionals
Employment & Labor Insider, 10.24.23
Religious Accommodations, Part Deux: Is the religious belief sincere?
10.18.23
Religious accommodations, Part 1: What’s a “religion”?
10.16.23
When it comes to HR, don't quit your day job, Miss Manners.
Employment & Labor Insider, 10.13.23
Massachusetts makes changes to Paid Family and Medical Leave Act
10.12.23
Incentives to improve employee performance, attendance, commitment
Employment & Labor Insider, 10.10.23
What's in that new EEOC guidance on workplace harassment?
Employment & Labor Insider, 10.6.23
Resignation of NHL coach provides lesson for employers
Employment & Labor Insider, 10.3.23
Contractors! Do you have your UEI?
EEO Compliance Dispatch, 10.3.23
EEOC's "not-so-sweet six" priorities, for 2024 and beyond
Employment & Labor Insider, 9.29.23
Michigan courts adopt pronoun rule
Employment & Labor Insider, 9.29.23
Are NFL players "rationally irrational"?
Employment & Labor Insider, 9.26.23
Hair, beards, and the invigorated duty to accommodate religious practices
9.22.23
GA update: Voting leave, no sunset on Kin Care
Employment & Labor Insider, 9.22.23
Reasonable accommodation for driving to the office? Are you kidding?
Employment & Labor Insider, 9.15.23
What employers can learn from the James Harden-Daryl Morey dispute
Employment & Labor Insider, 9.12.23
End-of-summer road travel through state noncompete laws—It’s trippy!
8.29.23
Want employees back in the office?
Employment & Labor Insider, 8.25.23
Fifth Circuit eviscerates a requirement for Title VII claims. What’s next?
8.24.23
Respect your elders.
Employment & Labor Insider, 8.18.23
2.6 million reasons to keep the 303 Creative holding in perspective
8.15.23
EEOC issues proposed regs on Pregnant Workers Fairness Act
Employment & Labor Insider, 8.11.23
Harassment accuser's raps can be used against her, court rules
Employment & Labor Insider, 8.11.23
EEOC issues proposed regs on Pregnant Workers Fairness Act
8.8.23
Will your prayers be answered on religious accommodations? Probably not.
7.25.23
Want to prevent your employees in Georgia from raiding your workforce? Make sure you have a geographic limitation.
7.18.23
What does the Supreme Court’s recent LGBTQ+ opinion mean for employers? Probably not much.
7.7.23
As expected, SCOTUS makes it tougher for employers to refuse religious accommodations
7.3.23
Comparable work, more protected categories: PA legislature is keeping busy
6.27.23

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