Protecting Employers Since 1985

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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D.O.L. Wage And Hour Division Publishes Enforcement Bulletin On Pump Act Protections For Nursing Mothers

By Joseph H. Laverty / May 27, 2023

The Wage and Hour Division of the U.S. Department of Labor just published a bulletin to provide its field staff with detailed guidance for enforcing amendments to the FLSA via the PUMP Act that was signed into law on December 29, 2022.  This law requires that employers provide nursing employees with reasonable break time and…

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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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Wessels Sherman Unlimited Phone Consultation Program

By Richard H. Wessels / May 6, 2023

Wessels Sherman was founded by me in 1985. Simultaneously with the founding of the firm, the Phone Program came in on day one. We have hundreds of phone clients; some have been in it for 38 years. The Phone Program started at $50 a month. There has been only one increase, to $75 per month.…

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“Harassment” In the Next Generation

By Alan E. Seneczko / April 30, 2023

Time passes in the blink of an eye, as do changes in our culture and work environment. Just yesterday, I was counseling employers about new laws prohibiting discrimination against individuals with disabilities and requiring family leave, and managing employees in the “electronic” workplace, in a world of social media. Now that’s old news, with established…

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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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NLRB Details Harsher Remedies in Unfair Labor Practice Cases

By Richard H. Wessels / April 21, 2023

As our readers no doubt are aware, President Biden has promised that he will be the most union-friendly president in American history. He has appointed to the NLRB members and officials in keeping with this mission. The most recent change came out on April 20. The NLRB, in a decision (Noah’s Ark Processors), announced the…

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NLRB Launches “Know Your Rights” Card Series

By Richard H. Wessels / March 31, 2023

With its pro-employee majority and new General Counsel, the NLRB is continuing in their aggressive pursuit of employers. Recently they announced the development of a “Know your Rights” card series to educate workers on their rights under the National Labor Relations Act. The cards are designed to be printed, folded, and used by workers in…

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