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“ We collaborate with employers and employees to build respectful organizations through high-quality training, objective and unbiased complaint investigations, human resources and employment law expert testimony, and a wide range of human resources consulting services. ”

The EPS Team


  • Google CEO Says Employees Need To Be More Focused and More Productive

    Google CEO Sundar Pichai recently told employees: "[T]here are real concerns that our productivity as a whole is not where it needs to be for the head count we have. [We need to] create a culture that is more mission-focused, more focused on our products, more customer-focused. We should think about how we can minimize distractions and really raise the bar on both product excellence and productivity."

  • NLRB Orders Mine Workers to Pay Coal Mine 13 Million

    The National Labor Relations Board has ordered the United Mine Workers of America (UMW) to pay more than $13 million to the Alabama coal company it has been striking at for over a year. The NLRB found the union owed Warrior Met Coal Mining for increased security, damage repair, and lost revenues from unmined coal, plus interest.

  • Timing and Comparators Revive Employee’s Discrimination Claim

    The Fourth Circuit Court of Appeals pointed to the questionable timing of First Data's Technologies' termination of an employee on intermittent FMLA leave including implementing the first performance plan three weeks after her initial accommodation request and concluded a reasonable jury could find that First Data discriminated against her.

  • No Disability Discrimination For Sleepwalking Employee in Co-Worker’s Bed

    An employee told a NextGen HR director that she must have been sleepwalking and apologized after she entered a male employee's hotel room and got into bed. The employee reached out to her doctor and let the company know she was getting medical help. NextGen terminated her employment. The employee sued NextGen for disability discrimination under the ADA.

  • Southwest Airlines Employee Wins Verdict in Anti-Abortion Related Claim

    A Southwest Airlines flight attendant expressed her strong feelings about abortion and the Transport Workers Union of America stance on her personal Facebook page - including using graphic videos of aborted fetuses and other hostile messages directly to the Union president. Southwest terminated her employment asserting that the employee was "identifiable" as an airline employee, and she represented the airline in a way that was "disparaging." Southwest said she violated the company's "Workplace Bullying and Hazing Policy" and its "Social Media Policy."

  • First Trader Joe’s Store Unionizes

    Workers at a Trader Joe’s store in Western Massachusetts voted to unionize. They are the first Trader Joe's workers to create a union. The workers point to the company's reduction of their benefits, changes to their healthcare, and lack of address over their safety concerns as the basis for their vote.

  • DOL Reminds Employers Mental Health Part of FMLA

    In May 2022, the U.S. Department of Labor released two guidance documents regarding mental health and the Family Medical Leave Act.

  • DOJ Sues Lansing, MI For Religious Discrimination

    The Department of Justice has filed suit against the City of Lansing, Michigan. The DOJ alleges that Lansing failed to provide Sylvia Coleman with a reasonable accommodation of her religion. Coleman is a Seventh Day Adventist whose religion required a Sabbath observance from sundown on Friday through sundown on Saturday.

  • Uber Settles Riders' Disability Claims

    The U.S. Department of Justice filed a lawsuit last year accusing the ride-hailing company of violating the Americans with Disabilities Act. Under the settlement, Uber has agreed to waive wait times fees for riders who certify that they have a disability and offer refunds to disabled passengers charged for taking too long to enter their cars.