February, 2016

It’s fairly safe to assume that an employee with chest pains needs FMLA.

February 29, 2016 | by Eric B. Meyer

Among other things, the Family and Medical Leave Act affords an eligible employee up to 12 weeks of leave from work in 12-month period for a serious health condition that makes the employee unable to perform the essential functions of his or her job. We know that, to take covered leave, an employee doesn’t have to specifically reference the Family and Medical Leave Act or say “F-M-L-A” .

How, then, can an employee put the company on notice of the need for covered leave?

20% of HR Managers say their companies pay men more than women for the same work.

February 26, 2016 | by Eric B. Meyer

So, do we have a gender pay gap? Or is it a myth?

How could dementia not be covered under the FMLA? (Psst, I’ll tell you how).

February 25, 2016 | by Eric B. Meyer

The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of leave in a 12-month period for, among other reasons, to care for a parent with a serious health condition.

Most FMLA serious health conditions are plainly obvious: Cancer, HIV, dementia. But, then again…

Sorry, NLRB. Using an iPhone to secretly record a conversation with your boss may be criminal

February 24, 2016 | by Eric B. Meyer

Remember last month when I told you ~~to short crude oil futures and bet the Broncos to win the Super Bowl~~ about how the National Labor Relations Board concluded that an employer could not maintain a workplace rule that banned employees from recording workplace conversations, absent prior company approval. (More on that here).

Well, in the Commonwealth of Pennsylvania, before you get any bright ideas about secretly recording your boss, you’d better think twice.

BUSTED!!! Vacation photos on Facebook doom an employee’s FMLA claims

February 23, 2016 | by Eric B. Meyer

If you take leave Family and Medical Leave Act, go on vacation, and post your pictures on Facebook, the odds are that your employer is going to find out about it. Why? Because your co-workers, the ones you friended on Facebook, but who really aren’t your friends, are going to snitch on you faster the Road Runner on Wile E’s Acme Rocket Skates.

Lady Murderface’s Yelp for Help on Social Media Costs Her a Job…at Yelp

February 22, 2016 | by Eric B. Meyer

(See what I did there? We’ll get to the Lady Murderface part soon enough).

9 simple steps to drafting a bangin’ EEOC Position Statement

February 19, 2016 | by Eric B. Meyer

If you’ve ever had to address a Charging Party’s EEOC Charge of Discrimination, you know that drafting a good Position Statement, in which the specific claims of discrimination are addressed and supported with documents and facts is hella-key.

This especially holds true now that the EEOC has announced new nationwide procedures that provide for the release of a company’s Position Statement and non-confidential attachments to a Charging Party or representative upon request during the investigation of a charge of discrimination.

So, how do you draft a Position Statement that makes the EEOC like, and the Charging Party like?

Employment Law Blog Carnival (#ELBC) Freaky February Holiday Edition

February 18, 2016 | by Eric B. Meyer

Are you sitting down?

Good. Because, today, I’m sending you to an employee-rights lawyer.

A message from Stevie Wonder on providing accommodations to individuals with disabilities

February 17, 2016 | by Eric B. Meyer

Watch this video of Stevie Wonder at the Grammy’s. Ignore the tragic wardrobe selection. Instead, listen to the message about increasing accessibility to people with disabilities, and make sure that it carries over into your workplace. Remember it before… Continue reading

That’s What They Said: “Justice Scalia’s impact on HR and employment law”

February 16, 2016 | by Eric B. Meyer

I really need to create a new meme. Continue reading