Why is Paid Family Leave So Controversial for America?

Today, I’m happy to share my latest publication. It’s an op-ed in Workspan Magazine titled, “Why is Paid Family Leave So Controversial for America?”

When losing is really winning: SCOTUS rules in favor of bakery in gay wedding cake dispute, but…

A lot of digital ink has been spilled in the last day decrying the Supreme Court’s ruling in Masterpiece Cakeshop v. Colorado Civil Rights Commission as a win for the religious right and a step backward for LGBT rights. I was guilty of a little Twitter hyperbole myself after a quick first scan of the opinion.

Also, this does not give me a ton of hope that #SCOTUS will get LGBT employment issues right when that issue reaches them.

Then I sat down and read the opinion.

The greatest book ever written about labor relations is…

Last week I came across an article entitled, “Business Wisdom From 10 Classic Children’s Books.” Its premise is that books with the simplest language often contain the most complex ideas, and that children’s books offer us a whole lot of real-world business wisdom.

I was surprised, then, when I discovered that this list omitted the number one book ever written about labor relations—Click Clack Moo, Cows That Type.

WIRTW #508 (the “last day of school” edition)

Today is the last day of school. My almost 7th grader is so ready for summer break. Call it middle school burnout. My almost 4th grader? Not so much. He’s already prepped me for a waterfall of tears and dragging him out of school later this morning. At least he looked happy waiting for the bus.

Here’s what I read this week:

Everything you need to know about shredding documents when faced with litigation: DON’T DO IT

If you are accused of destroying evidence, and the federal judge ruling on the motion starts his opinion by quoting a John Hiatt song called “Shredding the Document,” you are in for a very, very bad litigation day.

This is exactly what happened to GMRI, Inc., the defendant in an age discrimination lawsuit brought by the EEOC in Miami, Florida. GMRI owns Seasons 52 restaurants, and if that name sounds familiar, it’s because it was my 8th nominee for the “Worst Employer of 2018.”

Who is Otis Burke?

By now you’ve almost certainly heard about ABC’s cancellation of Roseanne, after Roseanne Barr posted a racist tweet about Valerie Jarrett, President Obama’s former senior advisor.

Today, a lot of internet ink will be spilled about ABC’s swift and decisive reaction to cut the head off any potential controversy, how private-sector employees lack free speech rights at work, and why Roseanne’s after-the-fact excuse that she was Ambien-tweeting is irrelevant.

I’d like to come at this from a different angle—all of the individuals who are now unemployed because Roseanne Barr said something racist and offensive and stupid.

Including Otis Burke.

Court says that discretionary bonus cannot be the “quo” for the sexual harassment “quid”

Quid pro quo is Latin for “something for something.” In employment law, it’s a specific theory of sexual harassment—“If you do this ‘thing’ for me, I’ll do something for your job.”

In Davenport v. Edward Jones & Co., the 5th Circuit held that a allegation of an unpaid bonus might not be enough to support an ex-employee’s sexual harassment claim under a quid pro pro theory.