A Little Preventative Medicine Pays Huge Dividends on Avoiding Discrimination Harassment Lawsuits

As we often counsel clients — courts and juries realize that employees are human beings and humans sometimes do dumb things.  That’s why the discrimination and harassment laws “credit” employers who make real efforts to communicate (and update!) their Equal Employment Opportunity (EEO) policies and who provide training to their employees on these topics.  In other words,… More

FMLA Does Not Mean Vacation On Demand

The federal Family Medical Leave Act (FMLA) entitles covered employees to unpaid leave to deal with certain family and medical illnesses.  As one employee learned the hard way, however, the law does not guarantee vacation on demand.  Hurley v. Kent of Naples, Inc., 2:10-cv-00334-JES (11th Cir. Mar. 20, 2014).  The employee suffered from depression, and… More

Chances Are, Your Confidentiality Policy is Unlawful

Most employers require that employees keep all company-related information confidential.  The National Labor Relations Board (NLRB) has long frowned on such policies because from its perspective the language can “chill” an employee’s right to discuss confidential information such as wages and other terms and conditions of employment.  And before you stop reading — even if… More