Legal, Compliance & Policies

EEOC Says Transgender Employees Can Choose Their Bathroom

Around this time last year, I blogged here about OSHA’s Guide to Restroom Access for Transgender Workers. According to OSHA, “all employees should be permitted to use the facilities that correspond to their gender identity.” And, it’s up to the employee to determine for him- or herself “the most appropriate and safest option.” It…

Is The Uber Deal A Step Toward A Third Worker Classification?


The ride-sharing company Uber recently announced a preliminary $100 million agreement to settle claims alleging that it improperly classifies its workforce as independent contractors. Because the settlement involves the foremost business entity in the new gig economy, this is a groundbreaking agreement that could provide guidance to many other emerging businesses that take…

A Sobering Video Reminder That Sexual Harassment is Still a Workforce Issue

Sexual harassment

By Eric B. Meyer Most of you have probably seen or heard about Mean Tweets from Jimmy Kimmel Live! That’s the segment where celebrities stand in front of the camera with smartphone in hand awkwardly reading the snippets of vitriol that Twitters users can spew about them in 140 characters or less. The…

The Office Dress Code Debate: How Would You Deal With Katy Perry?

Katy Perry

Editor’s Note: As I wind down my stint as Editor of TLNT — this is my last week — I wanted to share some of my favorite posts from over the years. Here’s one from September 2010.  Who would have thought that pop singer Katy Perry would have kicked open a debate about what…

A Growing Challenge: Getting Employers Ready for Legal Marijuana


I just read an interesting report from Assurex Global, titled Workplace Impacts of Marijuana Legalization, that opened up my eyes to a growing employer challenge. If you don’t live in – or have employees in – the states of Washington, Oregon, Alaska or Colorado, you’ve probably wondered about how it works to have…

Forget the Feds – States and Cities Are Driving Changes in Employment Issues


By Gregory Hanscom While many are mesmerized by the presidential primaries and remain frustrated by gridlock in Congress, states and municipalities are aggressively tackling social and economic issues that impact employers. The states of California and New York recently enacted legislation that will gradually raise the minimum wage in each state to either…

It’s Amazing What May Pass For Age Discrimination These Days


By Eric B. Meyer Wait! Another age discrimination post? Yep. Because I want to juxtapose a constant barrage of age-related comments from non-decision makers with a situation in which a few stray, marginally age-related comments from the shot-callers can create a viable age discrimination. The case is Tighe v. BAE Systems. BAE Systems employed Dr….

“Stray Remarks” by Co-Workers Don’t Constitute Age Discrimination


By Eric B. Meyer I’ve written a bunch about the deep doo-doo in which employers often find themselves whenasking about retirement or referring to an employee as “old man” or “old mother******.” So, for sure, you’d think that 20 comments over the course of several months at work ranging from “old man” to…

HR Outsource Provider TriNet Hit by $1 Million Fine For OT Violations


By Eric B. Meyer The U.S. Department of Labor announced this week that “a human resources outsource provider will pay $1 million in back overtime wages and damages combined to hundreds of employees after a U.S. Department of Labor investigation that found widespread Fair Labor Standards Act violations.” So what did a human resources outsource…

No, Moving an Employee to a Higher Paying Job Is Not Discriminatory


By Eric B. Meyer Reading yesterday’s post about religious accommodations and Flying Spaghetti Monsters may have had you rolling your eyes like — who is that old guy? Tony Danza? Just kidding, I know my ’80s TV. It’s Corbin Bernsen. Keeping with the topics of accommodations and eye rolling, I recently read this opinion…