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Things are happening, and they portend an explosion of benefits litigation. Yes, this once-sleepy corner of the employment law forest is buzzing with news, and it came on March 1 from our very own U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—in an en banc decision, which means all the appeals court […]
A car wash company provided its employees with a handbook setting forth its employment policies. The handbook was written in both English and Spanish, it required arbitration of employment disputes, and it denied an employee’s right to bring an action under the California Private Attorneys General Act (PAGA). The English version stated that the denial […]
Serena Williams is one of the greatest athletes of all time–man or woman–period. In her 25-year professional career, she has dominated on the tennis court by winning nearly 40 major titles (singles and doubles). Roger Federer, a tennis legend in his own right, has remarked that Williams is “one of the greatest, if not the […]
Whether we realize it or not, job posts often contain language that favors one gender over another. The way an employer describes a job, such as by using certain words, may imply a bias toward specific traits that may be associated with only one gender. Although most employers don’t intentionally advertise a job for a […]
“Training is an area that can be difficult to quantify,” Prince says. “However, it may be helpful to look at metrics that target the type of training and what it was intended to accomplish. For instance: Cost of sales training as a percent of total sales; Increase in hours of sales training compared with increases […]
The more employees travel for business, the more exposure employers have — often with costly consequences. Businesses must be prepared for problems that might arise when male and female employees travel together, whether domestically or internationally. Contrary to popular belief, what happens in Vegas doesn’t really stay in Vegas — it gets told in court. […]
During the COVID-19 pandemic, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has dealt with a wide variety of discrimination claims against healthcare providers. The OCR recently announced the resolution of two major complaints, which should serve as a reminder to pay close attention to actions that could be discriminatory.
Kanye West’s anti-Semitic comments on Instagram and Twitter have prompted a swift backlash by businesses formerly associated with the rap and fashion mogul. Thus far, West has been dropped by Gap, Balenciaga, Adidas, talent agency CAA, JP Morgan Chase bank, Vogue magazine, and others. Ye (as the rapper and entrepreneur is now known) is learning […]
A federal district court in Massachusetts recently issued a decision that serves as a good reminder to employers to review their policies related to employee drug or alcohol use both on and off duty and ensure they are consistently applied. While the case involved a unionized employer, even nonunion employers should review the decision because […]
In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding a requested disability workplace accommodation where the validity is in question. What abilities, obligations, and limitations does an employer have to verify an employee’s medical accommodation […]