“Biggest Idiot” Meets Class Waivers

By John Alan Doran The “biggest idiot theory” (our term, not the NLRB’s) states that, when the NLRB reviews an employer’s policy to see whether the policy would “chill” an employee from exercising NLRA rights, the NLRB does so from the perspective of the biggest idiot on the planet, not the mythical “reasonable employee.” (See […]

“Waterboy” a Protected Category

By John Alan Doran Adam Sandler fans will recall his Oscar-worthy starring role in the movie “The Waterboy,” in which he played a habitually-bullied waterboy for a college football team. Sandler played the part with an extremely pronounced Cajun accent. Little could Sandler have known when he made this gem back in 1998 that his […]

Our Top 5 Requests for Santa

Dear Santa: We’ve been very good management-side labor and employment lawyers this year. We have fought zealously for our clients and won big cases throughout the country. We have returned client calls in a timely manner and provided practical, effective legal advice. We have contributed to the development of labor and employment law nationally and […]

Guidance on Internal I-9 Audits

By Carol Hildebrand Because a government inspection can occur with only three days written notice, some employers choose to initiate internal audits of their company’s Forms I-9, utilizing their own personnel or attorneys with immigration or employment law experience. The Departments of Homeland Security and Justice have just added website guidance on how they recommend […]

SCOTUS Didn’t Eat EEOC’s Homework

By John Alan Doran Less than two weeks ago, the U.S. Supreme Court agreed to hear a case in which the trial court awarded attorneys’ fees against the EEOC for some $4.7 million. (SCOTUS Benchslap For EEOC On the Way?) While the case is now before the Supremes, the EEOC continues to squirm in the […]

Protection for (Some) HR Managers

By Andy Volin Like most employment statutes, the Fair Labor Standards Act (“FLSA”) prohibits retaliation against employees who file complaints. The Supreme Court ruled in 2011 that this protection even extends to oral complaints at work. Recently, the Ninth Circuit decided that even a management employee in HR could assert retaliation based on a report […]

A Non-Material Threat

By Joe Hunt In Brandon v. Sage Corp., No. 14-51320 (5th Cir. Dec. 10, 2015), the Fifth Circuit addressed whether a threat to cut a supervisor’s pay in half was, by itself, a “materially adverse employment action.” The plaintiff was a manager for a truck driving school in San Antonio. She reported up, through her […]

SCOTUS Benchslaps Cali…Again

By John Alan Doran This morning, the U.S. Supreme Court struck down a California Court of Appeals decision invalidating class action arbitration waivers. DIRECTV, Inc. v. Imburgia, (No. 14-462 December 14, 2015). DIRECTV’s customer service contract contained a mandatory arbitration clause.  That clause also waived the customer’s right to pursue a class action in arbitration.  […]

Triple Dipping Remedies

By Andy Volin The Tenth Circuit recently announced that employees who prove they are owed wages under both Federal and Colorado state law may be entitled to the unpaid wages, plus penalties under both statutes, possibly recovering more than treble damages. Under the Fair Labor Standards Act (“FLSA”), if an employee proves a violation of […]

SCOTUS Benchslap For EEOC On the Way?

By John Alan Doran In EEOC Silent on Sanctions (August 2013), we reported on CRST Van Expedited, in which a federal district court awarded an employer $4.69 million in attorneys’ fees against the EEOC for the agency’s mishandling of a supposed pattern and practice sexual harassment suit. Regrettably, in Santa Gives EEOC a Gift-For Now (December […]