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Constangy Brooks Smith & Prophete LLP

Can we stop with the age-based stereotypes?

USA - May 8 2015 Is "digital native" the latest code term for "young"? A hot topic for the past few days, after an article on the subject appeared in Fortune, has

It's unanimous! EEOC conciliation is subject to judicial review

USA - May 4 2015 The Supreme Court last week rejected the EEOC's longstanding position that pre-suit conciliation efforts are shielded from judicial review of any

Did he quit, or was he fired? Constructive discharge quiz!

USA - May 1 2015 Some employers really, really hate to fire employees. That doesn't mean they won't do it - but they'll do just about anything to avoid calling it what

Racial talk at work? Beware of reverse discrimination.

USA - October 31 2014 When I do harassment training, I ask my audiences whether they think employers should ban the "N" word even when it's used by African-Americans among

Walmart battles NLRB, UFCW, and our Walmart on multiple fronts, with no end in sight

USA - April 27 2015 Walmart announced in February that it was increasing its starting hourly wage to $9, which took effect earlier in April, and would be increasing the

Probability, manipulation, and random drug testing

USA - May 21 2015 Is that “random” drug test selection really random? Many employers particularly, those in the transportation industry use third party vendors to

Some employers to get six-month “safe harbor” under Massachusetts sick leave law

USA - May 20 2015 As we have previously reported, on November 4, 2014, Massachusetts approved Ballot Question 4, titled "Earned Sick Time for Employees." The new law

Is this new harassment decision the end of the world for employers?

USA - May 15 2015 Are harassment and retaliation lawsuits all going to the jury now? Are employers doomed? Are the plaintiffs' lawyers popping the champagne corks? Is

Can we stop with the age-based stereotypes?

USA - May 8 2015 Is "digital native" the latest code term for "young"? A hot topic for the past few days, after an article on the subject appeared in Fortune, has

Proposed overtime rule has been sent to OMB

USA - May 5 2015 Secretary of Labor Thomas Perez announced today that the U.S. Department of Labor has submitted a proposed rule on the white-collar FLSA overtime