For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or benefits. There are obvious ones like termination, demotion and failure to promote. But what about ones like shift changes, days off and other more
On December 13, President Biden signed the Respect for Marriage Act, which passed the Senate and House with bipartisan support. Many see the bill as a reaction to a concurrence in the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization that hinted at some of the justices’ thoughts on privacy rights and
If you have or want enforceable non-compete agreements with employees, read on.
Here’s a hypothetical: You are looking to hire a salesperson, and you find just the right person, John. Your company has a great non-compete agreement that will ensure that when John leaves your employment, he cannot work for a competitor for two years.
Employment lawyers always win war story contests at cocktail parties. Facts like the ones in Davis v. ULP provide ample fodder for those type of conversations.
The University of Louisville Physicians (ULP) hired Frank Davis as a surgical assistant. After 10 months on the job, Davis’s supervisor, Lisa Motley, met with
A familiar sight behind the scenes at many employers is the mandatory publication that describes employee rights and remedies under various federal statutes. The EEOC has a new version of the poster entitled “Know Your Rights: Workplace Discrimination is Illegal.” The new version uses “plain language and bullet points” to hopefully make the laws easier to understand. The
Does a plaintiff have to specify not only the facts but also the law that applies? In Bye v. MGM Resorts, Inc., the Fifth Circuit looks at a common pleading issue: What do you do when a plaintiff pleads facts that may or may not state claims under more than one statute but only
With Hurricane Ivan wreaking havoc, our thoughts go to those in the path of the ever-strengthening storm. The first priority for all affected is safety, but severe weather does also raise numerous employment law issues. Employers are again reminded that weather can affect your workplace. With hurricane season underway, we have updated this previously published
Can a social media firestorm be the basis for an employment decision? Although it may seem like a lifetime ago, in the spring of 2020, the internet’s attention turned to a viral video of a white woman in Central Park who called 911 about a black man who she said was threatening her life. Enter
It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a specific condition listed within the law by a medical practitioner. So where does that leave an employer
Is the “Stop WOKE” Act dead in Florida? Not yet, but in Honeyfund.com, Inc., et al v. Desantis, et al, one federal district court has certainly put the brakes on it. On March 29, 2022, we informed everyone about Florida HB 7, also known as Florida’s “Stop WOKE” bill, and how it would