May, 2014

For the love of God, bar owners! Train your employees not to liken beer to domestic violence.

May 30, 2014 | by Eric B. Meyer

I used to say that teachers were the most irresponsible Facebook user group. Now, I’m leaning towards the bar and nightclub industry.

Last month, a worker at a downtown Philadelphia bar displayed a Heineken chalkboard with the message “I like my beer like I like my violence… domestic.” to attract customers.

But, instead of achieving its desired effect, a passerby tweeted the photo to a local news station and a major cluster of a poopstorm ensued, which culminated in the worker losing his job.

An ADA accommodation just has to be reasonable — not the employee’s first choice

May 29, 2014 | by Eric B. Meyer

This is my son’s first year playing t-ball. The rules, in case you’re not familiar with them, are simple:

Everybody hits

Everybody (eventually) rounds the bases

Two more states just made it illegal for employers to demand social media passwords

May 28, 2014 | by Eric B. Meyer

Within the past week, two states have passed laws, which will provide employees with more workplace protections.

Truth be told, I wasn’t sure that the internet had yet arrived in either Oklahoma or Louisiana, the latter of which is still controlled by a French monarch, I’m fairly certain.

(But since Louisiana also has beignets and Mardi Gras, all is forgiven).

The Employment Law Blog Carnival: Small Business Edition #ELBC

May 27, 2014 | by Eric B. Meyer

I hope that you guys had a nice Memorial Day. Nothing like a good three-day weekend. Although, three of my four children didn’t seem to appreciate that most American businesses were closed for the holiday:

Sorry, kids.

Maybe, starting the workweek off with the Employment Law Blog Carnival: Small Business Edition over at the Employer’s Corner Blog will cheer them up.

Firing a sick employee just before she is FMLA-eligible is very risky

May 22, 2014 | by Eric B. Meyer

So, check this out.

I read this case yesterday about an employee who provided her company with a November 12 doctor’s note, requesting that her hours be reduced due to her high-risk pregnancy. The employee would have become eligible for coverage under the Family and Medical Leave Act on November 17.

The company fired her on November 16.

How yesterday’s federal court strike of PA’s same-sex marriage ban affects employers

May 21, 2014 | by Eric B. Meyer

ICYMI, yesterday, the United States District Court for the Middle District of Pennsylvania ruled in this opinion that PA’s same-sex marriage ban is unconstitutional.

How fitting that the first gay couple in Philadelphia to obtain a marriage license was Kerry Smith and Rue Landau, who serves as the Executive Director of the Philadelphia Commission on Human Relations (PCHR). Congratulations, Rue and Kerry!

So, now that, for the time being, gay marriage is legal in the Keystone State, how does this impact local employers? Find out after the jump…

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Three employees fired for posing at work in KKK garb and makeshift crosses claim discrimination. Yep.

May 20, 2014 | by Eric B. Meyer

The thing about this law-blogging gig, other than the money, power and women, of course, is the pride of being first to post about a crazy new case.

Last week, I missed out on the nude sunbather who sued an elementary school-employer for retaliation. Well, Jon Hyman at the Ohio Employer’s Law Blog, I see your nude sunbather and raise you two white guys and a native american who dressed as klansmen at work, allowed themselves to be photographed, and then sued for race discrimination. Boom!

Yes, this really happened.

Should U.S. employers provide “paid menstrual leave”?

May 19, 2014 | by Eric B. Meyer

In Friday’s edition of The Atlantic, Emily Matcher’s “Should Paid ‘Menstrual Leave’ Be a Thing?” was shared over 12,000 times.

The article notes that several Asian countries including Taiwan, Japan, South Korea, and Indonesia, offer “menstrual leave” for women endure painful periods. However, Ms. Matcher mentioned that, while many of these laws are “well-intentioned,” many women decline to take leave given the potential embarrassment of having to substantiate the basis for their “menstrual leave” or because they may be viewed as weak.

Katy Waldman, writing at The Slate Blog, says “Thanks, but We Will Pass on Paid Menstrual Leave.” She argues that companies with reasonable sick-leave policies “should be able to accommodate these women without prying into their pants.”

Tennessee has a social media workplace privacy law now, y’all

May 16, 2014 | by Eric B. Meyer

Here are some Tennessee fun facts:

The city of Kingston served as Tennessee’s state capital for one day (September 21, 1807)

There are more horses per capita in Shelby County than any other county in the United States.

PA Superior Court closes non-competition-agreement loophole

May 15, 2014 | by Eric B. Meyer

In Pennsylvania, a company and an employee can enter into an agreement whereby, in exchange for some form of consideration, the employee agrees not to compete with the company after the employment ends.

Consideration can come in a variety of forms; for example, a raise, bonus, promotion, or ~~sugar~~. Initial employment can also be sufficient consideration.

However, in Pennsylvania, continued employment won’t cut it. That is, a non-competition agreement will be invalid if an employee signs it after commencing employment — even if you tell the employee that he/she will lose his job by not signing.