On July 21, 2020, the National Labor Relations Board (the “Board”) issued what it described as “a long overdue” decision eliminating unwarranted protection for employees who engage in obscene, racist, and sexually harassing behavior under the guise of protected concerted activity.

Continue Reading NLRB Catches Up To The #MeToo and #BLM Movements

I was distracted from all things COVID by a judge in New York who defended his use of the “C” word to describe a female attorney with the explanation that he meant it as a compliment! Let’s pause for a moment, shall we? That level of twisted logic defies all rational thought. Particularly from a judge – someone we generally (and reasonably) expect to exhibit and promote appropriate behaviors (which includes not being sexist. Just saying.)

Continue Reading Let’s Be Clear – The “C” Word Is Not a Compliment

In Shakespeare’s play, Julius Caesar cried out “Et Tu Brute?” – translated “Even you Brutus?” – as he lay dying from the assassin’s sword that had been plunged into his chest by his friend and confidant, Marcus Brutus.  These words came to mind as I read an article about a sordid tale of rampant sexual misconduct by SEIU officials. Even them???

Continue Reading #MeToo (Et Tu SEIU?)

As you may know, I am a die-hard management-side lawyer. I usually cheer judicial opinions that uphold the rights of employers, which I feel are too often constrained by well-meaning but easily-abused employment laws. But every now and then, even my management-side soul can be a little surprised by a judge’s pro-employer ruling. This was the situation in the recent case of Dawson v. Housing Authority of Baltimore City.

Continue Reading Forcing Employee to Quit Second Job Is Not a Tangible Job Action?

Allegations of sexual harassment perpetrated by top officials are not new, nor are lawsuits or threats of lawsuits based on those allegations.  Wise companies take such matters seriously and, if they conclude that the allegations have merit, take action not just to resolve the matter with the complaining party but to root out the problem so it does not reoccur.  Fire the offender, change the culture and move forward.
Continue Reading Boards of Directors in the Bullseye: #MeToo and the Fiduciary Duty