FITZGERALD LAW — EMPLOYMENT LAW BLOG

What Does It Mean To “Solicit”?

What Does It Mean To “Solicit”?

Many employers include a “non-solicitation” clause in agreements that they require employees to sign.  These non-solicitation clauses usually prohibit an employee from, directly or indirectly, soliciting the business of the company’s customers to soliciting employees...

Is This Retaliation?

Is This Retaliation?

One question we face a lot in litigating retaliation claims is whether an employee has suffered “an adverse employment action.”  While deciding what kinds of things can be adverse employment actions seems like it should be easy, courts still struggle with it. In a...

Equal Pay: The Rate of Pay

Equal Pay: The Rate of Pay

How do you measure equal pay?  Is it the employee's base salary?  Or is it the employee's total compensation? A recent Fourth Circuit case, Sempowich v. Tactile Systems Technology, Inc., answered this question. In Sempowich, a female employee and her male peer were...

The Chicken or the Egg?

The Chicken or the Egg?

One of the most frustrating things right now for job seekers is that employers are screaming they cannot find enough employees.  Yet, thousands of well-qualified people remain unable to find a job.  Why? The reasons are many, including biases. For example, age...

Employment and the Computer Fraud and Abuse Act

Employment and the Computer Fraud and Abuse Act

If you are lucky, you will go through your entire life without knowing what the Computer Fraud and Abuse Act (“CFAA”) is or how it applies to employment law. In recent years, the issue of what types of claims exist against an employee who left (or got fired from) a...

Fix the Problem The First Time

Fix the Problem The First Time

When you know about a pay disparity, fix it before you get told by a court to fix it. Too often, a company knows of pay disparities between male and female employees.  Yet, the company does not fix the pay disparities—usually arguing there is no money in the budget....

Get The Shot Or Get Fired?

Get The Shot Or Get Fired?

President Biden issued an Executive Order compelling companies with more than 100 employees to require all employees to be vaccinated or provide proof of weekly negative COVID-19 tests. This also applies to smaller companies that are federal contractors.  While this...

The Perils of Working Remotely

The Perils of Working Remotely

Many companies are now asking—or demanding — that employees return to work in the office. Many employees don’t want to go back. Employees loved the flexibility of remote work and not making long commutes into an office. Many employees say the past 18 months show they...

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