I. Introduction Until fairly recently, non-compete clauses and other employer practices affecting employee mobility and wages were a relatively minor focus of U.S. antitrust enforcement authorities. No more. Over the past few years, the U.S. Department of Justice Antitrust Division (“DOJ”), the Federal Trade Commission (“FTC”), and various state attorneys general have focused significant attention…

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Romance at work isn’t necessarily a bad thing, but it can create consequences ranging from irritating to legally actionable. Employees can spend most of their waking hours at work, so, naturally, friendships can form; and out of some of those, romantic relationships will blossom. But sometimes those work romances cross a line or spawn consequences. The…

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As human resources consultants, we see all sorts of reasons for businesses deciding to terminate employees, ranging from gross misconduct to plant closures. But there is one scenario that comes up from time to time that always strikes me as a particularly unfortunate loss of talent – when a good employee gets promoted into a…

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NLRB rulings and new anti-harassment, marijuana and leave laws may prompt changes. A new year inevitably brings new workplace laws, whether at the federal, state or local level. So January is usually a good time for HR professionals to review their employee handbook and make changes. Staying abreast of the evolving regulatory environment remains one…

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A sales associate at a Dollar General store who asked how to request leave and was told by text that no leave was available could proceed with her Americans with Disabilities Act (ADA) failure-to-accommodate claim, the 8th U.S. Circuit Court of Appeals ruled. The plaintiff was a lead sales associate at a Dollar General store…

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While litigation regarding accessibility of websites and mobile applications continues to swell, plaintiffs’ counsel are now pursuing new claims in serial litigation. With the holidays quickly approaching, many attorneys have set their sights on gift cards. Between Oct. 24-27, 2019, 33 putative nationwide class action cases were filed in two U.S. District Courts against an…

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Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a mid- or lower-level employee, is not a stellar performer, and involved in a largely he said/she said situation.…

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We will soon see—at least under federal law. What am I talking about? This past week, the Supreme Court of the United States (SCOTUS) heard oral arguments on three cases in order to decide whether discrimination based on sexual orientation, gender identity, gender expression, or transgender status constitutes discrimination “on the basis of sex.” Let’s…

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