“You may love 'em forever. But you won't like 'em all of the time.”

Darrell VanDeusen
Darrell VanDeusen
08/20/2024
That lyric comes from “Ain’t No Crime,” track 3 on Billy Joel’s 1973 album Piano Man. It was his second studio album (after 1971’s Cold Spring Harbor).  The title track got all the press (peaking at number 25 on Billboard’s Hot 100) and started Joel on the path to stardom.  “Ain’t No Crime” tells the story of navigating a tumultuous relationship, with too much drinkin’, coming home stinkin’, and falling asleep on the floor. ...
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Harassment Liability Extends Beyond At-Work Interaction

Darrell VanDeusen
Darrell VanDeusen
07/29/2024
I started practicing law before the Supreme Court even recognized the validity of hostile work environment harassment (HWE) claims in its groundbreaking case Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986).  Developments in this area of employment law over nearly 40 years most recently led to the Court’s decision in Bostock v. Clayton Co., 590 U.S. 644 (2020), protecting invdividuals from discrimination because of their sexuality or gender...
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That’s Right (You’re Not From Texas)

Darrell VanDeusen
Darrell VanDeusen
07/01/2024
Happy July 1, 2024.   Today the DOL’s salary basis for exempt status goes up (see my May 9, 2024 for additional background on that).   But not for Texas state employees.   This development reminded me of the Lyle Lovett song That’s Right (track 4 off the 1996 album The Road to Ensenada), his tribute to the state.  It’s a catchy tune, with the memorable and oft repeated refrain:  “That’s right you're not from Texas . . . But Texas...
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The EEOC’s Increase in Commissioner Charges

Darrell VanDeusen
Darrell VanDeusen
06/04/2024
Early in my law practice, one of the first matters I worked on was an EEOC Commissioner’s charge.  It had been filed against a public school system that announced its goal for new teacher hires in the coming school year was an average of two years’ experience. An EEOC Commissioner initiated the charge and an investigation ensued as to whether that stated goal was in fact a proxy for either intentional age discrimination or created an adverse...
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Déjà Vu (All Over Again)

Darrell VanDeusen
Darrell VanDeusen
05/09/2024
Today’s musical interlude is John Fogerty’s Déjà vu (All Over Again), the first track off his 2004 album of the same name.  That was 20 years ago, but the lyrics resonate today. This song came to mind as I anticipate the reaction from the business community to the Department of Labor’s April 23, 2024 announcement of the expansion of overtime eligibility for certain employees.  The final rule was published in the Federal Register on April...
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I’ll Take You Back

Darrell VanDeusen
Darrell VanDeusen
05/07/2024
For those of you who like country music, many of my recent blogs have skewed in that direction.  If you are not a fan of the genre, sorry.  It’s just that the lyrics often fit so well when it’s time to write about employment law.   This time we’ll look to the Brad Paisley song “I’ll Take You Back” (track four on his 2004 album Time Well Wasted).   The lyrics are worth a read even if you don’t want to listen to the song, as there...
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Just a [workplace] crime of passion, messy and old fashioned.

Darrell VanDeusen
Darrell VanDeusen
04/04/2024
I am an unapologetic Parrothead, having discovered Jimmy Buffett in the mid-1970’s.  You may know some or all of “the Big 8” most played Buffett songs, but there’s a deep catalog of work spanning from 1970 until he set sail last Labor Day weekend.  Bubbles up, JB. One of his early songs, “Cuban Crime of Passion” (track 5 off 1973’s A White Sport Coat and a Pink Crustacean) never charted.  It tells the story of piano player Billy...
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“You Never Even Called Me by My Name”

Darrell VanDeusen
Darrell VanDeusen
04/02/2024
It is said that a good country song must include lyrics about heartbreak, mothers, prison, trains, rain, guns, Jesus, getting drunk, and pick-up trucks.  Did you know there’s actually a song about that?  “You Never Even Called Me by My Name” (sung by David Allen Coe on his 1975 album Once Upon a Rhyme) was written by Steve Goodman and John Prine, two of my favorite songwriters.  It was a Top Ten Billboard Country hit. Goodman put the song...
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Out of Sight, Out of Mind… Bye Bye?

I struggled a bit with an appropriate song reference for this blog.   I’m going with “So Far Away,” written by Carole King and track 2 on Tapestry (1971).   In the post-pandemic world there’s been a seismic shift in the world of where you work.   Remote, hybrid, full-time in office… it’s all over the map (pun intended).  As employers try to navigate this new work world order, it’s important to consider what can and cannot be...
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“You might feel better if they gave you some cash…”

Darrell VanDeusen
Darrell VanDeusen
02/19/2024
That’s a line from the Eagles’ “Get over it” (track 1 on the 1994 album Hell Freezes Over). If you watch any TV courtroom drama – you would think that lawyers take a case and wind up having the jury verdict in less than one hour (with time outs for ads).  And justice always prevails.  Of course, reality is far from that imaginary world.  In the real world everyone is entitled to their decade in court. In the employment discrimination...
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