July, 2013

How 3 NFL players’ mea culpa will improve your social media policy

July 17, 2013 | by Eric B. Meyer

After the George Zimmerman not-guilty verdict was announced, two professional football players, NY Giants wide receiver Victor Cruz, and Atlanta Falcons wide receiver Roddy White, vented on Twitter:

Meanwhile, Pittsburgh Steelers offensive lineman, Maurkice Pouncey found himself in hot water after he was photographed last weekend, along with his brother Mike Pouncey, an offensive lineman forthe Miami Dolphins, wearing “Free Hernandez” caps. The “Hernandez” at issue being former New Engalnd Patriots tight end, Aaron Hernandez, who is current being held for trial on charges of first-degree murder

Recognizing that what they say and do online can win or lose tons of fans and $$$, plus impact their respective teams’ image, all three players quickly owned up to their online mistakes (Cruz, White, Pouncey)

GUEST POST: 3 ways to avoid Macy’s recent immigration workplace problems

July 16, 2013 | by Eric B. Meyer

Today we have a guest blogger at The Employer Handbook. It’s my colleague, Kristen Repyneck. Kristen is an associate at Dilworth Paxson LLP where she represents clients seeking non-immigrant and immigrant visas through family, employment, and investment, including investment in USCIS certified regional centers under the EB-5 Immigrant Investor Visa Program.

(Want to guest blog at The Employer Handbook? Email me).

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Iowa S. Ct.: Upon review, firing the attractive female was not sex discrimination

July 15, 2013 | by Eric B. Meyer

So, by now, all of you must be familiar with the case in Iowa — I’ve blogged the heck out of it here and here — where the male dentist fired the attractive female hygienist, ostensibly because his wife was concerned that the hygienist’s continued employment might affect their marriage and because the dentist was concerned that he may eventually shag her.

Late last year, the Iowa Supreme Court unanimously held (here) that there is no sex discrimination if a male employer terminates a long-time female employee because the employer’s wife, due to no fault of the employee, is concerned about the nature of the relationship between the employer and the employee.

Then, a few weeks ago, and after a lot of public scrutiny, the high court agreed to reconsider its unanimous ruling, which it did with this new opinion issued on Friday.

The unintended consequences of a new social media workplace law

July 12, 2013 | by Eric B. Meyer

I got an email the other day from my SHRM buddy Tara Mauk Arthur. She lives in Arkansas, which is one of 12 states to have a social media workplace privacy law.

As my readers know, subject to limited exception, laws like the one in Arkansas make it illegal for an employer to require or request that a current or prospective employee disclose his/her username or password for a social media account. Some, like the one in Arkansas, also make it unlawful to add a co-worker as a social media contact.

Now, as you know, my posts on these new laws have a common theme; namely, that these laws present a solution in search of a problem. And the problem with slapping together and passing legislation like this is you get some unintended consequences. Cue Tara’s email:

One step closer to federally-protected LGBT rights in the workplace

July 11, 2013 | by Eric B. Meyer

Normally, I get my Thursday post fodder from the Wiggity Wiggity Wonky Wednesday edition of Cracked Magazine. Hard hitting stuff like “7 Dick Moves Everyone Pulled in Classic Video Games” and “The Worst Imaginary Friends to Be Stuck With.”

But, for today’s post, I read this newspaper called the Washington Post. I dunno. Must’ve sprung up overnight.

One its writers, Ruth Tam, writes here that the Employment Non-Discrimination Act (ENDA) has cleared a bipartisan Senate committee:

Obesity as a workplace disability? One court bucks the trend and says no.

July 10, 2013 | by Eric B. Meyer

In mid-June, the American Medical Association concluded that obesity is a disease “requiring a range of medical interventions to advance obesity treatment and prevention.” This news led Jon Hyman at the Ohio Employer’s Law Blog to conclude that classification of obesity as a “disease” has huge employment law implications; namely, that under the Americans with Disabilities Act, employers would have to consider allowing for reasonable accommodations for obese employees. Indeed, even before the AMA guidance, a Louisiana court determined that morbid obesity was a disability under the ADA, thus requiring reasonable accommodation.

Well, last month, a state court in West Virginia concluded otherwise. More on this decision and its impact on employers after the jump…

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Following homophobic slur, NHL player quits Twitter

July 9, 2013 | by Eric B. Meyer

As many of you know, I am a HUGE Boston Bruins fan. But, right now, I have little love for former Bruins winger Tyler Seguin.

You see, Seguin was a highly touted 2011 draft pick who did a disappearing act in the playoffs this year. Amidst reports that his off-ice behavior was interfering with his on-ice performance, the Bruins traded the 21-year-old Seguin to the Dallas Stars on July 4.

The media scrutiny caused Seguin’s mom to come to his defense. (I’m sure that won’t ignite the crowds at all during road games). But just as that story began to lose steam, Seguin’s Twitter account published this tweet:

The six social media faux pas that may cost you that big job

July 8, 2013 | by Eric B. Meyer

According to this recent survey from CareerBuilder.com, the number of hiring managers who are reporting that a job candidate’s social media indiscretions have cost them a position is up nearly 10%, while the overall use social media to vet candidates continues to grow.

Those surveyed, reported finding a variety of concerning content. Top mentions ranged from evidence of inappropriate behavior to information that contradicted their listed qualifications:

50% – Candidate posted provocative/inappropriate photos/info

The one about the porta-potty harassment

July 5, 2013 | by Eric B. Meyer

Hey, they can’t all be about Brazilian waxes and irresistible attraction. After the jump, we get down and dirty.

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YYYOUCH! Employee fired for refusing Brazilian wax claims sex discrimination.

July 3, 2013 | by Eric B. Meyer

You know, maybe I should have gone with the porta-potty-harassment post that I originally had planned for today. Nah. My analytics tell me that my best-received posts have a common theme: crotch and Brazil. Besides, everyone knows that nothing says Friday like a porta-potty post. Just wait ’til Friday.

So today, after the jump, let’s wax poetic, shall we?

(Ouch, again).

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