A Labor Reporter: Steven Greenhouse

The Washington Post has a great interview with someone who spent the last 30 years covering the labor beat for the New York Times, Steven Gr...

Where is our Portal to Portal Act of 2014? Supreme Court Decision in Integrity Staffing v. Busk

First, the good news. The Supreme Court today unanimously held that post-shift security checks, even when required by the employer were nonc...

5th Circuit Takes Expansive View of SOX

While I was starting a week long trial in the Southern District of Texas, the 5th Circuit was taking a wide, pro-employee view of Sarbanes O...

Implicit Bias: A Brave New World

Implicit bias as a concept has been bubbling around the world of employment discrimination for a few years now. Although the fact that Googl...

5th Circuit Weighs In On Religious Discrmination

Yesterday's post about the difficulty that courts have in dealing with religious discrimination, see  Not Off to a Good Start and Onionh...

Not Off to a Good Start and Onionhead: the newest religion?

Six weeks ago, on the 12th anniversary of this blog, I indicated that I would see if last year's lack of posting would continue and whet...

12 Years Ago

I posted the initial post on this blog. A dozen years is a long time to keep anything going, although you could seriously question whether o...

How Disruptive Can an Aggressive NLRB Be in a Non-Union Setting? More Than You Might Think

If you are a non-union employer (and overwhelmingly most employers are) you might not have given much thought to your how your confidentiali...

5th Circuit Short Circuits Plaintiff's Use of State Court

In certain parts of Texas, plaintiffs seek to avoid being in federal court at all costs. Today, the 5th Circuit clarified a procedural hurdl...

How Much Would it Take to Wet Your Whistle?

That's a 64 million dollar question, literally. JP Morgan whistleblower gets $63.9 million in mortgage fraud deal.   It seems quite like...

5th Circuit's View on Extraterritorial Application of SOX? Not Yet

One of the many issues still to be decided for whistle-blowing claims under Sarbanes Oxley is how far does the law extend, if at all, for co...

50 Years Ago, The Civil Rights Act of 1964 Passes the House of Representatives

The statute that among many other things marked the beginning of employment law as a discipline, passed a major hurdle 50 years ago today wh...

Happy 50th, Sex As a Protected Category

Fifty years ago, on another February Saturday, after what had been a grueling fight to pass a strengthened Civil Right bill out of the House...