April, 2011

How about THIS resource on social media and HR?

April 15, 2011 | by Eric B. Meyer

What better way to celebrate the 100th blog post at https://www.theemployerhandbook.com than with booze, hookers, and penicillin shots an announcement that I will be contributing to HR and Social Media: Practical and Legal Guidance, a book available for sale this Summer from Thompson Publishing.

I will be writing about the role of social media as it relates to litigation and discovery.

You can view the full all-star lineup of contributors to this book here. These writers are not just lawyers who think they know social media. These are all social-networking employment-law attorneys who know wazzup, yo. So, clear a spot on your human resources or labor and employment law bookshelf for what promises to be a fantastic resource focusing on the intersection of social media and the workplace.

When an anti-harassment policy won’t defeat a bias claim…

April 14, 2011 | by Eric B. Meyer

What happens when an employee claims to be a victim of discrimination or sexual harassment in the workplace, but fails to report the harassment to her employer? If the employer has a written anti-harassment policy, it should be able to satisfy its burden that the employee unreasonably failed to take advantage of the opportunity to avoid harm.

Maybe not.

Employers will want to continue reading after the jump to make sure that they are taking appropriate steps to avoid bias and sexual harassment claims

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An employer’s 180 on asking new hires to divulge Facebook info

April 13, 2011 | by Eric B. Meyer

A few weeks ago, I wrote about how the Maryland Department of Corrections was facing heat from the ACLU for requiring job applicants to divulge their Facebook passwords. It seems that the DOC has listened (not to me, but to the ACLU).

You can see the ACLU’s response, as well as a discussion of Facebook “privacy rights,” after the jump.

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Working through lunch may create overtime issues for employers

April 12, 2011 | by Eric B. Meyer

Thomson Reuters had such a bad week last week that I had to spread the news over two blog posts. Here is part one about how the National Labor Relations Board is set to file a complaint against Thomson Reuters for allegedly disciplining an employee who tweeted about labor/management relations.

After the jump, see how bloggers unite to try to stick it to the man for allegedly requiring them to work through their lunch hour without paying overtime…

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Thomson Reuters had a sh!ttier week than you…

April 11, 2011 | by Eric B. Meyer

Did a bunch of bloggers sue you last week for wage and hour violations?

Has the National Labor Relations Board (NLRB) threatened to file a complaint against you for Twitter shenanigans?

Well, that was Thomson Reuters’ week. And, as you can imagine, it sucked.

I share their grief, after the jump…

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15 handy-dandy, hella-good wage and hour resources for employers

April 8, 2011 | by Eric B. Meyer

Earlier this week, I posted a link to the new Fair Labor Standards Act final regulations.

After the jump, I have 15 more resources to help employers navigate the treacherous world of overtime, minimum wage, independent contractor vs. employee, what the FLSA requires, what the FLSA doesn’t require, and other wage and hour speedbumps.

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Is the 9th time the charm for the Employment Non-Discrimination Act?

April 7, 2011 | by Eric B. Meyer

Last week, Rep. Barney Frank (MA-D) — for the ninth time — reintroduced the Employment Non-Discrimination Act (ENDA). ENDA would make it illegal for businesses to discriminate against employees and job applicants based on sexual preference and gender identity.

More on ENDA, its chances of passage, and the effect it would have on employers, after the jump.

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Another teacher gets in trouble on Facebook

April 6, 2011 | by Eric B. Meyer

Earlier this year, I wrote an article, “Yes, you CAN discipline employees who abuse social media.”

I stick by my words.

After the jump, read about another teacher suspended for an inappropriate Facebook post, and why employers CAN and SHOULD discipline employees who abuse social media.

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Department of Labor updates Fair Labor Standards Act regulations

April 5, 2011 | by Eric B. Meyer

Over the weekend, I gave a Wage and Hour presentation in Atlantic City to a group of restaurant owners. Later this week, I will post some of the bullet points from that presentation of which every business should take note.

Until then, a heads-up that the United States Department of Labor has issued a final rule updating the regulations issued under the Fair Labor Standards Act. You can find a copy of the final rule here.

Smoke pot + grizzly bear bite (in the butt) = collect workers’ comp

April 4, 2011 | by Eric B. Meyer

Last month, the Montana Supreme Court opined that using marijuana “to kick off a day of working around grizzly bears” is “ill-advised to say the least and mind-bogglingly stupid to say the most” because “grizzlies are equal opportunity maulers, without regard to marijuana consumption.”

WTF?

I could go on, but you will have more fun reading this recent decision about an employee who smoked pot before his job at a bear park (surrounded by electrical fencing), got bit by a bear (of course), and petitioned for workers’ compensation benefits (and received them).