March, 2014

The guy who was fired for peeing in a cup in front of his co-worker claims disability discrimination

March 31, 2014 | by Eric B. Meyer

I’m pretty sure Larry David had this written into the Seinfeld Parking Garage episode before making a last-minute script change to uromysitis.

I would have stuck with the former. But, Mr. David is a comedic genius and I just write this crappy blog.

How bad is this blog, you ask? I was contemplating using the words “wicked pissah” in the lede, only to realize that I’d already used them.

Then again, you’re the ones reading this. Go ahead. Click through to read more after the jump…

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About last night…

March 28, 2014 | by Eric B. Meyer

Sorry, gang. Last night was my fantasy baseball auction. And I got home hella-late. So, no post today.

Ahhhhhh, I can’t totally leave you hangin’. So, you can read about how the University of Northwestern football team can now organize and form a union (here), or you can grade my fantasy baseball team (right) in the comments below.

Oh, no. Meyer’s slacking. Let the unsubscribes begin!

Wages aren’t confidential, you guys. Your employees can discuss them.

March 27, 2014 | by Eric B. Meyer

Over the past several years, seemingly, we’re seen the NLRB take a more active interest in employee handbooks.

We’ve certainly seen it with respect to social media policies; especially, where these policies purport to limit the rights of employees to discuss their employment with one another. This is because Section 7 of the National Labor Relations Act allows employees to discuss their terms and conditions of employment together.

And you don’t need to have a union either. The act applies in most every private-sector workplace.

FACT OR FICTION: You must provide FMLA to someone who “potentially” qualifies for it

March 26, 2014 | by Eric B. Meyer

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

Employee comes to you with a leave request in which he potentially qualifies for FMLA. Must you provide it?

Break ’em off Eleventh Circuit Court of Appeals:

Court reasons that unreasonably withdrawing a reasonable accommodation is reason for employee to win ADA suit

March 25, 2014 | by Eric B. Meyer

Let’s say that you have an employee whom the Americans with Disabilities Act would consider disabled and to whom you have afforded a reasonable accommodation for a long time.

Maybe it’s a few years of light duty to accommodate your employee’s bad back. Maybe it’s keeping your employee with medically-documented sleeping issues off of the graveyard shift.

Or maybe, like in this case, it’s allowing an employee who takes morning meds for ADD and bipolar disorder to arrive to work a late, so the meds can kick in. Indeed, for 2 1/2 years, the employee in this particular situation was accommodated with modified start time.

Plaintiff-employee destroys Facebook posts about her case; court destroys her

March 24, 2014 | by Eric B. Meyer

Last month, a daughter’s Facebook post cost her father an $80K age-discrimination settlement (more on that here).

Last week, with some Facebook shenanigans, the plaintiff in a sexual harassment case screwed herself over.

(See what I did there?)

This may just be the greatest union-avoidance banner evah!

March 21, 2014 | by Eric B. Meyer

Yesterday, I read with interest Jon Hyman’s post at the Ohio Employer’s Law Blog about how Target has employed a 14-minute training video to help keep its workplace union free. Gawker has posted a copy of the video here. Like a bear crapping in the woods, Gawker pokes fun of the Target video. Cheesiness aside, I find it to be pretty effective.

But Target ain’t got nothing on Subaru of Wichita. (h/t Jeff Nowak)

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The March Edition of the Employment Law Blog Carnival is LIVE!!!

March 20, 2014 | by Eric B. Meyer

Last night, after I arrived home, put my jacket away, and walked into the kitchen, something immediately caught my eye. On the kitchen table was a “Country Sweets Gourmet Cookie Dough” fundraising flyer from my son’s school.

My choice of five different flavors of raw cookie dough in a 48-ounce tub. And since it’s all in the name of fundraising…

Easily the highlight of my day. Except.

That’s what she said: How to navigate the pitfalls of the FCRA

March 19, 2014 | by Eric B. Meyer

When the Fair Credit Reporting Act comes a knock knock knockin’ on HR’s door, who among you, will answer the call?

Fear not, kids. Cinch on your big boy/girl underpants! My colleague, Stacey Schor, in this post, has outlined a recent federal court decision that provides valuable guidance on how employers can comply with the strict requirements of FCRA, so that your hiring decisions are FCRA-bulletproofed.

This one goes out to all out FCRA freaks fans. Holler if you hear me!

Democrats seek to undo 2013 Supreme Court ruling defining workplace “supervisor”

March 18, 2014 | by Eric B. Meyer

Thumbnail image for CapitolHill.jpg Has the Supreme Court’s 5-4 decision in Vance v. Ball State been keeping you up at night?

*** logs IP numbers; obtains restraining orders ***

Well, ok. I can see why some of you are sour on the 2013 Supreme Court decision holding that an employee is a “supervisor” for purposes of vicarious liability under Title VII of the Civil Rights Act of 1964 only if he or she is empowered by the employer to take tangible employment actions against the victim.