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Employee vs. Company: It’s a Dance Off

A few months ago we wrote about a pretty sweet way to resign. Literally. A man, an aspiring baker, whipped up a cake for his employers and used icing to pen his resignation. His tactic paid off, as a handful of media outlets picked up the story, putting him and his baking skills in the […]

Twitter WARNing: How Layoffs Can Trigger WARN Act Requirements

After Elon Musk took ownership of Twitter, the company laid off over 900 California employees. As news spread that Twitter plans to eliminate 50% of its workforce, employees filed a class action lawsuit against the company alleging the reduction in force violated the Worker Adjustment and Retraining Notification (WARN) Act as well as California law. […]

disability

Don’t Drag Your Feet on Accommodation Requests

All day long you give me the runaround When you say something here, You mean something there You give me the runaround Same thing yesterday, Same thing the day before from “Runaround” by Tulsa songwriter J. J. Cale Under the Americans with Disabilities Act (ADA), an employer should grant accommodations to employees with a disability, […]

EEOC’s Extensive Q&A Clarifies Obligations to Pregnant Employees

Pregnancy discrimination is often motivated by concern—pregnant women don’t need to be stressed—or chauvinism—pregnant women should take leave. In fact, though, those attitudes are discriminatory. And the plot thickens if a disability or FMLA leave is involved. EEOC’s recent guidance helps employers figure out where they stand. Pregnancy discrimination is often motivated by concern—pregnant women […]

Executives on Maternity Leave: Return Not Guaranteed by FMLA

Newly appointed Yahoo CEO Marissa Mayer — who some pundits have called “the most powerful pregnant woman in America” — is an exceptional employee in more ways than one. Even if she had worked the prerequisite 12 months (or 1,250-plus hours) at Yahoo to qualify for FMLA leave, Mayer would not be guaranteed a return […]

misclassification

Determining Independent Contractors: Sometimes the Government Loses

There’s been an ongoing battle between employers and the U.S. Department of Labor (DOL) over when someone is considered an independent contractor versus an employee. A recent decision from the U.S. 8th Circuit Court of Appeals to reverse summary judgment (dismissal without trial) in favor of the DOL gives employers some guidance and reason for […]