Protecting Employers Since 1985

Minnesota Employers Must Post Notices Of New Sick And Safe Time Law, By January 1, 2024

By James B. Sherman / December 1, 2023

Minnesota’s new “Sick and Safe Time” law goes into effect as of January 1, 2024.  In general, the law requires employers to accrue a minimum of 1 hour of paid leave for every 30 hours worked by eligible employees (those who work at least 80 hours in a year), up to a maximum of 48…

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Seventh Circuit Reverses Course In The Case Of A Teacher Fired For Objecting, Based On His Christian Faith, To Using Transexual Student’s Preferred Pronoun

By James B. Sherman / August 31, 2023

Our readers may recall my June 30 E-Alert covering several significant Supreme Court decisions issued that day, including the ruling in Groff v. DeJoy.  In Groff, the Court “clarified” (a better term might be “increased”) the burdens employers are required to endure before they may lawfully refuse a request for religious accommodations based on “undue…

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What To Make Of Diversity, Equity, And Inclusion (DEI) In The Workplace?

By James B. Sherman / July 31, 2023

In the aftermath of the protests and civil unrest of 2021, more and more businesses embraced what has come to be known as “diversity, equity, and inclusion,” or DEI.  Today, most people have at least some general understanding of what DEI is about.  For many businesses DEI represents a commitment to promote diversity and equitable…

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No Shortage Of Controversy When It Comes To First Amendment Free Speech

By James B. Sherman / July 7, 2023

The Supreme Court’s recent decision in 303 Creative LLC v. Elenis has caused quite a stir. Boiled down to its simplest form, the Court essentially ruled that a Colorado web designer could not be forced to “speak” by creating a webpage about a subject the owner found objectionable. Had the designer refused to design a…

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U.S. Supreme Court Issues Several Monumental Decisions

By James B. Sherman / June 30, 2023

As the 2023 term of the SCOTUS comes to an end, the Court has today and yesterday issued several highly significant, precedential decisions that likely pose big changes in many aspects of Americans’ lives in the future. Among them: 1.      Biden v. Nebraska – Writing for the majority, Justice John Roberts Jr. struck down the Biden…

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Case Of Teacher Fired For Refusing To Address Transgender Student By Preferred Pronoun Awaits Supreme Court Ruling On Religious Discrimination Under Title VII

By James B. Sherman / June 1, 2023

The case is Kluge v. Brownsburg Community School Co.  The plaintiff is an evangelical Christian high school orchestra teacher in Indiana who lost his job for refusing to use a transgender student’s preferred pronoun. Kluge objected for religious reasons. According to court pleadings, initially, he worked out an agreement with the school to simply refer…

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Mistake Prone IRS Employee Failed To Pursuade Appellate Court Her Discharge Reflected Unlawful “Cultural Bias”  

By James B. Sherman / May 20, 2023

An IRS employee brought a national origin discrimination lawsuit after being fired for poor performance. The employee’s discharge was preceded by a disciplinary notice that documented over 100 mistakes she had made on the job.  Undaunted by the overwhelming documented evidence of her failed performance, the plaintiff blamed management for its “cultural bias” against her…

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Twitter Faces Class Action Lawsuit By Laid Off Contract Workers Alleging WARN Violations

By James B. Sherman / May 13, 2023

Not long after Elon Musk paid billions to acquire a majority interest in Twitter, the company laid off over half its workforce. Many of those laid off were contract workers supplied by TEKsystems Inc., a staffing firm. In the aftermath Twitter is facing a proposed class action lawsuit alleging it failed to provide these workers…

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Appellate Court Hands Northwestern University A Win In ADA & FMLA Suit

By James B. Sherman / April 26, 2023

The case was brought by a lab-tech employed by the university’s medical school, alleging several claims, including harassment, disability discrimination, and retaliation for taking FMLA leave for anxiety. The plaintiff also alleged she was called a “typical millennial,” “Princess Diana,” and teased about needing psychiatric help, or being “off her meds.” The FMLA claim named…

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Court Of Appeals To Determine Whether To Enforce The NLRB’s Controversial Mclaren Macomb Decision That NDAs And Non-Disparagement Agreements Violate Federal Labor Law

By James B. Sherman / April 22, 2023

As predicted, the National Labor Relations Board’s recent decision in McLaren Macomb has quickly advanced to the U.S. Court of Appeals for the 4th Circuit. In February the NLRB declared that employers violate federal labor law if they include nondisclosure (NDAs) or non-disparagement clauses in severance agreements for non-managerial employees. The appellate court will decide…

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