Beau Howard Speaking

Hiring and Onboarding Legal Compliance Methods

On May 15, 2018, our partner Beau Howard spoke at National Business Institute‘s seminar about hiring and onboarding legal compliance, including immigration issues, Form I-9 compliance, how to use e-verify, proper use of background checks, and how to structure applications and interviews to avoid liability. You can review the slide deck from the presentation below. Mr. […]

Arbitration Agreement Without Sexual Harassment Carveout

Sexual Harassment Legislation Would Require Amendment of Arbitration Agreements

A proposed law may invalidate your company’s arbitration agreement unless you amend it to carve out sexual harassment and gender discrimination claims. If you run a business, pay attention to the Ending Forced Arbitration of Sexual Harassment Act of 2017. Failure to comply would bar arbitration of all disputes, not just sexual harassment and gender […]

James Damore's Jerry Maguire Moment

Should Google Have Fired James Damore for His Echo Chamber Memo?

IfyousomehowmissedthebrouhahacausedbyGoogleEngineerJamesDamore’sEchoChamberMemo, you are living under a rock. Google’s CEO cut his vacation short to address the maelstrom, and Even Anita Hill has come out of the woodwork to encourage women to sue their tech employers. Google’s decision to fire Damore over the Echo Chamber Memo (linked in its entirety here) raises plenty of questions, but […]


DOJ Reverses Policy to Support Class Action Waivers in Arbitration Agreements, But It’s Still Complicated

State of Confusion The enforceability of class action waivers in employment arbitration agreements is a hotly debated topic that has created not only a circuit split, but an ongoing divide in policy between circuit courts and federal agencies.  The National Labor Relations Board has long held that such class action waivers are unenforceable, arguing such […]


It’s Time To Train Your Managers To Be Compassionate To Gender Transition Issues

Companies surprised by an employee’s gender transition cannot lose sight of their obligations under federal employment law.  In Western Kentucky, a District Court ruled on Monday that it would allow Pax Bradford to proceed in his suit against Humana, Inc. on claims that it violated the Family Medical Leave Act, the Americans with Disabilities Act, […]


NSFW Facebook Rant Was Awful, But Not Awful Enough to Justify Firing

In National Labor Relations Board v. Pier Sixty, LLC, the Second Circuit Court of Appeals considered how awful an employee’s conduct must be on Facebook before he or she loses the protection of the National Labor Relations Act (“NLRA“). In this particular case, in the middle of a union campaign, the employee reacted poorly to […]


When a Case Comes Down to a Comma

Grammar nerds rejoice: a missing Oxford comma played a pivotal role in a recent First Circuit Court of Appeals decision. But don’t break out the Scrabble board and virgin daquiris just yet. The Court’s decision is far from a ringing endorsement of serial commas. In O’Connor v. Oakhurst Dairy, drivers who delivered dairy products sued […]


Can I Sue My Employees For Padding Their Timesheets?

Whether your employee conveniently “forgets” to clock out or systematically falsifies timesheets, wage fraud is tricky to address. Clearly, preparing a false timesheet with the intent to receive unearned wages is fraud. If the employer is a government entity or contractor, the employee can and will be prosecuted criminally for falsifying timesheets. Here are some […]


Where Is My Class Action Waiver Enforceable?

The viability of class and collective action waivers in private arbitration agreements continues to be a hot topic before courts, and until the Supreme Court takes up the issue one last time, your business will have some uncertainty concerning whether these provisions are enforceable. For most employers, the main reason to require employees to arbitrate […]