Archive: October 2011

For harassment to qualify as sexual harassment it must be because of sex. That means that the complained-of misconduct is of a sexual natur...

Read the full post

According to a recent survey by careerbuilder.com , 29% of employees admit to playing hooky from work, taking “sick” days when they were rea...

Read the full post

The EEOC announced that it has filed a lawsuit on behalf of a job applicant who lost his position after a pre-employment drug screen reveal...

Read the full post

During my NPR appearance from a couple of weeks ago , NLRB General Counsel Lafe Solomon made an interesting comment about his agency: “We do...

Read the full post

If you are asking questions in job interviews about candidates social media activities, I bet it’s not like what happened in a short movie t...

Read the full post

My post about a proposed Employer’s Bill of Rights has gotten a lot of people talking. It is the most commented post in the history of the...

Read the full post

The Peace Corps asked the EEOC for an opinion on the legality of its use of conviction and arrest records to screen potential volunteers. In...

Read the full post

Larry Flynt is no stranger to the courtroom . Now, it appears his brother, Jimmy Flynt, isn’t either. Jimmy has filed suit in federal court ...

Read the full post

The FMLA allows for two different theories of recovery—interference and retaliation. Interference is when an employer denies an FMLA benefi...

Read the full post

This time next week, I’ll be in Denver to speak about workplace social media issues at the annual Meritas Litigation and Labor & Employ...

Read the full post

The following video has been making the rounds this week. It’s called Popsicle , and cleverly asked this question at the end: “Is this sexua...

Read the full post

During my appearance on The Sound of Ideas to discuss social media in the workplace , NLRB General Counsel Lafe Solomon made an interesti...

Read the full post

This morning’s appearance on WCPN—discussing social media and the workplace—could not have gone better. It was an engaging hour, capped off ...

Read the full post

Tomorrow morning, from 9 – 10 a.m., I’ll be a guest on WCPN’s The Sound of Ideas (the “best radio show” in Ohio, according to The Cleveland...

Read the full post

The Employer Bill of Rights is now available as a book. It is a practical handbook designed to help business owners, managers, supervi...

Read the full post

On last Sunday’s episode of HBO’s Boardwalk Empire , Chalky White, a jailed African-American bootlegger, comforted his wife with the followi...

Read the full post

As I’ve mentioned in this space before, my family is of mixed religion. I’m Jewish and my wife is Catholic. I offer this information because...

Read the full post

I never knew Steve Jobs, but he's always been a part of my life—from the Apple IIe on which I learned to program BASIC three decades ago...

Read the full post

Don’t rush to post the NLRB’s latest missive advising union and non-union employees of their rights under federal labor laws. From the NL...

Read the full post

There have been a lot of bad bets made over time. For example, two years ago I bet on the World Series and, after the Phillies lost, had to...

Read the full post

Two years ago, I asked whether “obese” qualified as a new protected class under the ADAAA . According to the EEOC in a newly filed lawsuit,...

Read the full post

A few weeks ago, an NLRB Administrative Law Judge issued the agency’s first-ever decision debating the legalities of terminating employees f...

Read the full post