For want of an Oxford comma

Vampire Weekend once asked, “Who gives a f__k about an Oxford comma?” The answer, apparently, is the 1st Circuit Court of Appeals, a whole lot.

In O’Connor v. Oakhurt Dairy [pdf], that court reversed the dismissal of an overtime lawsuit based on the absence of a Oxford comma in a list of activities that qualify for a certain exemption under Maine’s wage-and-hour law.

The 11th Circuit’s odd LGBT-discrimination decision

Late last week, the 11th Circuit Court of Appeals, in Evans v. Georgia Regional Hosp. [pdf], held that Title VII does not protect sexual-orientation discrimination per se, and that to sufficiently plead such a cause of action under Title VII, one must allege facts sufficient to establish that the employer discriminated based on non-conformity with sex-based stereotypes. 

As such, this decision directly conflicts with the formal position of the EEOC (a priority that EEOC Commissioner Chai Feldblum announced will not change under President Trump), and expected decision by the 2nd and 7th Circuits.

Inclement weather policies should prioritize safety over productivity

Snow day! Norah went to bed with PJs on backwards last night (and received her wish; now please use your time wisely to work on homework). Donovan is going to be pissed because tonight’s Mathmagic night at school (which he was really looking forward to) will be cancelled. And me? I’m enjoying some flexibility by working from the comfort of my kitchen island. If the storm forecast holds as predicted, however, I'll be giving myself lots of extra travel time tomorrow morning for a court appearance. #lawyerlife

What about your business?

The 7th nominee for the “worst employer of 2017” is … the “trump”ed up termination

Last Friday, Attorney General Jeff Sessions asked for the resignation of 46 U.S. attorneys. Those that refused have been fired.

The fact that the current administration is cleaning its Justice Department house by turning over personnel appointed by the prior administration is not notable. Washington bureaucracy is run by the party-in-charge, and right now that means that President Trump is calling the shots on whom he employs and doesn’t employ. For example, Attorney General Janet Reno took similar steps in the early days of President Clinton’s administration.

WIRTW #452 (the “coffee house” edition)

Do you like acoustic guitar, Green Day, and a 10-year-old girl that is way too cool to be my daughter combining the two? If so, then this video, recorded last week at my kids’ school, is for you.


Here’s what I read this week:

The 6th nominee for the “worst employer of 2017” is … the double-booked recordkeeper

Yesterday’s nominee for the Worst Employer of 2017 may not end up as the last employer standing when I tally the votes at year’s end (at least according to some of the comments and tweets I received). Today’s nominee, however, should receive more universal support (or disgust, as the case may be).

How many sets of time and pay records should you keep on your employees? For your sake, I hope your answer is not any number greater than “one”.

The 5th nominee for the “worst employer of 2017” is … the no-pets-for-vets policy

The EEOC recently sued a Florida trucking company for disability discrimination, alleging it failed to accommodate, refused to hire, and retaliated against a job candidate because he used a service dog. (Complaint here [pdf])

So far, so bad. But it gets worse. From the EEOC: