May, 2018

Have you advertised for a candidate with a maximum amount of experience? Could be age discrimination.

May 31, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/setting-hand-leave-job-workplace-2473874/)

Law firms, among other businesses, are notorious for seeking non-partner candidates with experience within a range of years.

“1-4 years,” “5-8 years,” “with about 10 years of experience.”

Could placing a cap on the number of years of experience be part of a code for “we don’t want to hire old people”? Continue reading

HR lessons from Roseanne Barr’s racist tweet and ABC’s immediate cancellation of her show

May 30, 2018 | by Eric B. Meyer

https://www.theemployerhandbook.com/files/2018/05/www.maxpixel.net-Check-Envelope-Yes-No-Cross-Ankreuzen-Maybe-3413145.png

Image Credit: Maxpixel.net (https://www.maxpixel.net/Check-Envelope-Yes-No-Cross-Ankreuzen-Maybe-3413145)

On the same day that Starbucks closed more than 8,000 stores to train its employees on implicit bias (full curriculum here), an outspoken Hollywood celebrity stole the headlines with an explicitly-racist tweet. Continue reading

SURVEY: If I custom-designed a one-hour HR-compliance session for you, what topic would you select?

May 29, 2018 | by Eric B. Meyer

By AlphaZeta – Own work, CC0, Link

Can you help me out?

It’ll only take a sec. Continue reading

If you use a third-party to drug test job applicants, then stop what you’re doing and read this post!

May 25, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/fish-hook-symbol-silhouette-icon-304097/)

On a clickbait scale of 1-10, maybe a 9.

Eric, what employment law and HR blogs do you read, dude?

May 24, 2018 | by Eric B. Meyer

I read these.

FREE WEBINAR and CLE: “Check-In: EEOC, DOL and NLRB Compliance—A Labor and Employment Law Roundtable” [June 6, 2018, 2-3 pm EDT]

May 23, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/webinar-conferencing-video-beverage-3199164/)

The session, entitled “Check-In: EEOC, DOL and NLRB Compliance—A Labor and Employment Law Roundtable,” features an all-star panel of lawyers* and will explore each federal agency’s current compliance environment, enforcement priorities, practical guidelines for navigating difficult compliance issues and best practices. Continue reading

Eric, can I get a simple breakdown of yesterday’s Supreme Court decision on class-action waivers?

May 22, 2018 | by Eric B. Meyer

By Photograph by Franz Jantzen, Collection of the Supreme Court of the United States [Public domain], via Wikimedia Commons

Sure, I can do that for you. Continue reading

Sorry, Busta Rhymes. You don’t get a “celebrity exception” for settling your wage-and-hour claim

May 21, 2018 | by Eric B. Meyer

By Mikamote [CC BY-SA 3.0], from Wikimedia Commons

Generally, if a wage and hour dispute arises in the workplace, the parties need approval from either the U.S. Department of Labor or a federal court to resolve claims under the Fair Labor Standards Act.

When parties agree to resolve these claims as part of litigation, two things often happen:

A court must approve the settlement; and
The settlement agreement becomes public; i.e., no confidentiality.

Recently, Trevor Tahiem Smith, Jr. and the other parties to an FLSA action requested that a New York federal court relax the publicity rules by creating a “celebrity exception.”

Oh, you don’t know Trevor Tahiem Smith, Jr.?

That’s Busta Rhymes!