By now most everyone has heard about the travails of WeWork arising from the swift downfall of founder Adam Neumann. If you have not heard, you are missing some fascinating stuff.  A Wall Street Journal piece was first to chronicle Neumann’s manic behavior (such as pondering how to become immortal and transporting large amounts of marijuana on a private jet trip, much to the chagrin of the jet’s owner!). In the wake of these disclosures, private equity investment firms that had committed tens of millions to WeWork became skittish, a planned IPO was pulled, and a faction of WeWork board members called for Neumann’s removal as a CEO. Indeed, within roughly a week of the WSJ article, he was forced to vacate his leadership role. Goldman Sachs, Morgan Stanley, and other investment houses now have written down the value of their investments by tens of millions of dollars.
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So last month, I blogged about my discovery that the Maryland Code does not actually contain all the laws that have been passed, which caused me to wonder how we were supposed to comply with them. And now, I just learned that in D.C., some laws that are passed end up not being implemented after all! Wait – what?!
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Years ago, I wrote a blog post, “Two or More Genders? Gender Identity and the EEO-1 Form,” in which I discussed what employers should do when an employee refuses to identify as either male or female for purposes of EEO reporting. At that time, I spoke with the Office of Federal Contract Compliance Programs about their approach to this issue (which was to assign a sex based on visual identification), but was never able to get the Equal Employment Opportunity Commission to respond to me, despite multiple phone calls and emails. Well, now, the EEOC has offered some guidance on a related issue – reporting non-binary employees (those who do not identify as either male or female) on the EEO-1 Component 2 report.
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Hey baseball fans, as well as all you casual observers of the sport.  If you’re like me, you’ve noticed the huge spike in home runs (Commissioner Manfred says the balls are not juiced), some of the unexpected blockbuster trades just before last week’s trade deadline, and the emergence of young second generation stars like Vladimir Guerrero Jr. and Fernando Tatis Jr.  But there’s another significant development that you may have overlooked.  I know I was asleep at the switch and did not see the news over the winter about the renaming of the Disabled List or DL, as it’s been called for over 100 years.  Truth be told, as an employment and labor lawyer, I’ve always wondered about that term.  When a player went on that list with a hamstring pull or a sprained ankle, was I to assume he was really disabled?  Especially as that term is defined under the Americans with Disabilities Act?  Of course not. Even though the ADA can sometimes be expanded to include even transient conditions, a player with a pulled hammy is not disabled.
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Debt can alter one’s future trajectory for good or for ill.  The latter is reflected in a recent article in the Wall Street Journal.  Although they are the most educated generation ever in the U.S., Millennials at the tail end of their generation incurred unprecedented debt for college – often six figure debt – then graduated into the Great Recession.  Their employment opportunities were truncated.  As a result, their income potential (and debt repayment capability) has been damaged, seemingly beyond repair. They have collectively put off home buying and starting families, which has ripple effects for the future, from reduced home buying opportunity to delayed or foregone child rearing. 
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$3.8 million dollars. That’s what a Tucson, Arizona jury awarded to a former fire paramedic denied workplace accommodations required under the Fair Labor Standards Act for women who want to pump breast milk for their infants. Under the law, for the first year after the birth of a child, employers must provide non-exempt employees with reasonable breaks to pump. Employers also must provide a place, other than a bathroom, that is shielded from the view of others and that is free from intrusion by coworkers or others.
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March Madness has descended upon employers everywhere. Yesterday was Selection Sunday for the NCAA Men’s Division I basketball tournament, and today, an estimated 40 million Americans will begin filling out their tournament brackets – many of them at work. And when the tournament begins, you can be sure that many employees will be checking scores at the office, if not actually watching the game. Others may call in sick after a late night game (particularly if their team lost). Team gear, talking smack – what to do?
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And with that elegantly pointed statement, the U.S. Supreme Court vacated an opinion on the Equal Pay Act that had been issued by the en banc U.S. Court of Appeals for the Ninth Circuit (i.e. the entire group of judges on the Ninth Circuit bench). The opinion had been authored by Judge Stephen Reinhardt, who unexpectedly passed away on March 29, 2018. The opinion was not issued until April 9, 2018 – 11 days after his death.
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In my occasional series on the crazy things that employees do, here’s one that, in reality, is probably not all that uncommon. Many people use their personal cell phones for work. And as a matter of habit, they may plug their cell phones into their work computer – maybe to sync it or charge it. But what they aren’t thinking about is that the work computer backs up the content on the phone. All. Of. It. (Unless the employee is technically savvy enough to back up only portions of it. Let’s be frank – most people aren’t that savvy.)
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