Publications

HR Manager Prevails on Retaliation Appeal – Involving Prior Employer. Imagine how a plant manager might feel upon learning that the plant’s human resources manager is testifying against her former employer and in support of employees who are suing for discrimination. Might that raise concerns about bias, trust, and confidence in the human resource manager? […]

Trade Secrets I – Company Using “Spy” Slammed with $2 Billion Jury Award. As more workers jump to new employers in the “Great Resignation,” trade secret and noncompete legislation naturally has boomed (as we reported here) – but a recent jury verdict shocked us. A Virginia jury awarded $2.036 billion in damages to Appian, payable

‘Common Cold’ Covid Not a Disability, Court Confirms. Lawsuits relating to COVID-19 at work continue to spread like a virus, but a recent decision out of California confirms federal and state guidance that not every episode of the coronavirus triggers protections against disability discrimination. In Roman v. Hertz Local Edition Corp., a Hertz employee claimed

Sleepwalking Saleswoman Not Excused for Climbing into Co-worker’s Bed. We remember the days of wild and raunchy behavior at national sales conferences – leading to challenging disciplinary calls with employment lawyers about what to do when the company had tolerated such a “wild west” environment at those meetings. But we never heard the “sleepwalking” defense

Hacking Through the Thicket of Intermittent FMLA Leave. Temple University scored a victory in federal court this month by obtaining summary judgment against a former manager who claimed he was retaliated against for exercising his right to intermittent leave under the federal Family and Medical Leave Act (FMLA). According to Judge Timothy Rice’s decision on

The 10 Commandments of Returning to Work After Covid. Recent surveys and client calls indicate that a majority of employers soon will be returning to work in their offices, plants and factories, if they have not done so already. The legal and health issues can be overwhelming. Therefore, following in the footsteps of one of

King ‘Leer’ Falls Again. Shakespeare’s tragedy, King Lear, follows the pathetic downward spiral of the ruler after he relinquishes power and property to his two daughters. Another drama involving a leader and two females played out recently at Valley Packaging Corporation in Tennessee, where – according to filings in court — the company’s president had

Show the Dough – New York City Enacts Pay Transparency Law. New York City has joined seven states in passing a law that requires employers to disclose the expected pay range for job openings in all advertisements, external or internal. The NYC Transparency Law takes effect May 15 (although an amendment may push back the

4/20 Special Report – NJ Recreational Marijuana Lights Up Tomorrow. In case you have been in a stupor and missed it, New Jersey will begin adult recreational cannabis sales tomorrow, April 21. For employers in and around New Jersey, the expanded use of marijuana may bring more headaches in terms of drug testing, attendance problems,

Woke Alert: Not Every Creepy Work Environment Is Unlawful Harassment. The #MeToo movement and other social changes have made employees more aware of their rights, and more prone to speak up or even file suit if they feel they have been treated unfairly based on sex, race, or other protected statuses. But a decision last