Although the Family and Medical Leave Act (FMLA) has been in effect since 1993, employers still make administrative mistakes that limit their rights and can lead to litigation. Here is my Top 10 list of employer and...
Employment Law Letter
The Supreme Court’s 2024 decision in Muldrow v. City of St. Louis set the stage for an increase in claims arising out of circumstances in which an employee experiences a change in their working conditions that doesn’t...
“I can do what I want!” “You’re not the boss of my mind!” “I have a First Amendment right to say whatever I want!” Whether from a precocious preteen or a challenging subordinate, the last of these exclamations can...
The Nebraska Supreme Court recently concluded an Omaha Police Department (OPD) officer had produced enough evidence on each element of his retaliation claim to survive his former employer’s request for summary judgment...
Workplace misconduct—whether sexual harassment, wage violations, or immigration-related risks—can expose employers to costly litigation and reputational harm. But one tool is increasingly proving to be a powerful shield...
It’s no secret that 2025 has seen a dramatic shift in the federal government’s view of the value and legal validity of diversity, equity, and inclusion (DEI) programs and initiatives. The latest guidance from the...
Recently, the U.S. 6th Circuit Court of Appeals (whose rulings apply to all employers in Ohio and Michigan) affirmed a lower court’s award of summary judgment (dismissal without a trial) to Kent State University and its...
“Why does it feel like somebody’s watching me?” Remember the old song with Michael Jackson singing this lament in the chorus? Employees in our current technological age may share this sentiment. More and more employers...
A recent religious accommodation case from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) provides useful and actionable lessons on identifying when an employee’s religious exemption...
Recently, President Donald Trump nominated Assistant U.S. Attorney for the Southern District of Florida Brittany Panuccio to serve as a commissioner for the Equal Employment Opportunity Commission (EEOC). The EEOC was...
In discrimination lawsuits, we often focus on back pay, mental anguish damages, punitive awards, and the like. Lost in the crowd is reinstating the employee to their old job—an unlawfully fired employee being put back to...
On July 4, 2025, President Donald Trump signed into law the One Big Beautiful Bill Act. One of its provisions has been dubbed “no taxes on tips” and provides a tax deduction of up to $25,000 for tips received by...
A recent decision by the U.S. District Court for the Eastern District of Louisiana highlights a critical lesson for employers facing workplace discrimination claims: All employee filings with the Equal Employment...
The U.S 5th Circuit Court of Appeals (whose rulings apply to employers in Texas, Louisiana, and Mississippi) recently rejected a Constitutional challenge to the Pregnant Workers Fairness Act (PWFA) by the state of Texas...
On July 29, 2025, the U.S. Department of Justice (DOJ) issued a memorandum for all federal agencies titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” This memo directly applies to...