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The Employer Handbook

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Employment-law-for-HR blog explaining actionable implications of court/EEOC developments for employers and HR.

Two Nonsolicitation Mistakes That Can Cost Employers an Injunction
News•Mar 20, 2026

Two Nonsolicitation Mistakes That Can Cost Employers an Injunction

Pennsylvania Superior Court upheld a trial court’s denial of a preliminary injunction against former wealth advisors, citing two common drafting errors in nonsolicitation agreements. The court found the mid‑employment covenants lacked new consideration and the client restriction was overly broad, covering potential customers without geographic limits. Without evidence of actual solicitation, the employer could not demonstrate immediate harm. The ruling underscores the importance of clear consideration and narrowly tailored client clauses for enforceability.

By The Employer Handbook
Filed Under “Duh”: Throwing Paper Clips at Work Undermines a Retaliation Claim. Secretly Filming Your Boss Doesn’t Help Either.
News•Mar 18, 2026

Filed Under “Duh”: Throwing Paper Clips at Work Undermines a Retaliation Claim. Secretly Filming Your Boss Doesn’t Help Either.

An Illinois federal court granted summary judgment to a state agency that terminated an employee after a documented series of workplace misconduct, including throwing paper clips, calling a coworker lazy, abandoning a phone desk, and secretly filming a supervisor. The...

By The Employer Handbook
One Harassment Claim Can Knock an Entire Case Out of Arbitration
News•Mar 17, 2026

One Harassment Claim Can Knock an Entire Case Out of Arbitration

The Sixth Circuit ruled that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), a plausibly alleged sexual‑harassment claim renders a pre‑dispute arbitration agreement unenforceable for the entire lawsuit, not just the harassment claim. In the...

By The Employer Handbook
An Employee Worked 816 Hours of Overtime. The Employer Still Didn’t Owe It.
News•Mar 10, 2026

An Employee Worked 816 Hours of Overtime. The Employer Still Didn’t Owe It.

The Fifth Circuit upheld a defense verdict in a Fair Labor Standards Act overtime case after a jury found the employer lacked actual or constructive knowledge of the employee’s 816 overtime hours. Although a district court classified the insurance manager...

By The Employer Handbook
Is Your Hiring Assessment a Lie Detector in Disguise? It Could Be a Class Action Time Bomb⏰💣
News•Mar 2, 2026

Is Your Hiring Assessment a Lie Detector in Disguise? It Could Be a Class Action Time Bomb⏰💣

A Massachusetts federal court denied a motion to dismiss a putative class action alleging that a pre‑hire "Workstyle Assessment" functions as an unlawful lie detector. The assessment asked candidates to rate statements on planning, persistence, reliability and emotional awareness, and...

By The Employer Handbook
Why “This Is Unfair” Isn’t a Retaliation Claim
News•Feb 12, 2026

Why “This Is Unfair” Isn’t a Retaliation Claim

A federal appeals court ruled that an FAA employee’s retaliation claim failed because his internal grievance did not allege unlawful discrimination, and therefore was not protected activity under Title VII. The court emphasized that only complaints that challenge discrimination, not...

By The Employer Handbook
When an Ultimatum Turns a “Resignation” Into a Jury Question
News•Feb 11, 2026

When an Ultimatum Turns a “Resignation” Into a Jury Question

A federal court ruled that a pregnant employee’s resignation, prompted by a one‑day stay‑or‑leave ultimatum, could be treated as constructive discharge. The judge found that the rushed deadline, supervisor comments suggesting termination was inevitable, and internal discussions about maternity‑leave optics...

By The Employer Handbook