In Bivens v. ZEP, Inc., the Sixth Circuit held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended (Title VII), for harassment by a customer unless the employer intended the harassment to happen or was substantially certain it would. This holding represents a clear break from the EEOC and most other …
$27M Verdict Warns Employers: Vet and Train Employees or Pay the Price
A recent $27 million jury verdict should put every employer, especially those in the hospitality, retail, and entertainment industries, on high alert: failing to properly screen and train employees can result in significant liability. On July 26, 2024, a Franklin County, Ohio jury awarded $27 million to the estate of Gregory Coleman Jr., who was …
Continue reading “$27M Verdict Warns Employers: Vet and Train Employees or Pay the Price”
Are Employee Driver’s License Requirements in the Rearview Mirror? What Washington’s New Law Says
Heads up, employers—a new law went into effect in Washington State this week (effective as of July 27, 2025) limiting when an employer can require job applicants and employees to have a valid driver’s license. A recent update to the Washington Equal Pay and Opportunities Act now prohibits employers from requiring employees to have a …
Orbiting Opportunity: Why Relocating Employees to Florida is a Strategic Magnet for Retaining Mission-Critical Staff
With the Federal Trade Commission’s non-compete ban out of the picture, the Supreme Court barring most universal injunctions, and the National Labor Relations’ Board directive identifying non-compete agreements as violating the National Labor Relations Act rescinded, the enforceability of non-competes is even more of a state-by-state issue. Florida recently passed HB1219, the Contracts Honoring Opportunity, Investment, …
Washington State Expands Employee Access to Personnel Files
Washington State has long required employers to allow employees to inspect their own personnel files, but the relevant statutes previously did not define what qualifies as a “personnel file” nor provide clear timelines for providing it. Washington State recently amended these statutes, including making three key changes: (1) defining “personnel file,” (2) establishing timelines for …
Continue reading “Washington State Expands Employee Access to Personnel Files”
Who’s the Boss? Understanding Joint Employment Under the NLRA
Our story begins like this: Your business is notified of a National Labor Relations Board (“NLRB”) Unfair Labor Practice Charge (the “Charge”). You’re about to email your lawyer when—here’s the twist—you learn your company is one of two named in the Charge. You might be considered a joint employer. When can this happen, what does …
Continue reading “Who’s the Boss? Understanding Joint Employment Under the NLRA”
One Standard to Rule Them All: Supreme Court Strikes Down Higher Bar for Majority Plaintiffs
Introduction On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Service that fundamentally altered how reverse discrimination claims are assessed under Title VII of the Civil Rights Act of 1964 (“Title VII”). The Court ruled that employees from majority groups, (e.g., white, heterosexual, male) are …
AI on Trial: Implications of the Workday Lawsuit for Automated Hiring
Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers or their vendors of compliance with anti-discrimination laws. In Mobley v. Workday, Inc., Case No. 23-CV-770, a California federal judge allowed a collective action age discrimination lawsuit …
Continue reading “AI on Trial: Implications of the Workday Lawsuit for Automated Hiring”
Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.
Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in their employment applications and agreements. Those contractual limitations periods can be effective in limiting exposure for potential claims. In, King v. …
Should You Use a Performance Improvement Plan?
A Performance Improvement Plan (“PIP”) is a long-standing HR tool for managing underperforming employees. Employers often use a PIP to document deficiencies and outline specific goals the underperforming employee must reach within a specific timeframe. While PIPs sound good in theory, they have recently come under criticism from employees, HR professionals, and even employment lawyers. …
Continue reading “Should You Use a Performance Improvement Plan?”