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The Employer Handbook BlogBecause even Al Capone had to pay his taxes on illicit income
Let’s assume that you run a business that may operate illegally under federal law. Continue reading
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When is a hostile work environment not a hostile work environment?
Image Credit: Photofunia.com (https://photofunia.com/results/5d8ded1e089f7aab308b457c)
(Eric, have you been drinking Peach Schnapps again?) Continue reading
Let’s have date, you and I. Actually, how about two?
Photo via Good Free Photos
Please don’t tell my wife. Continue reading
The DOL final overtime rule is out today. Here is what employers need to know now.
Image Credit: Pexels.com (https://www.pexels.com/photo/2018-alarm-clock-balance-business-612051/)
Yesterday, the U.S. Department of Labor announced here that it will issue a final overtime rule today. Most notably, the DOL is updating the earnings thresholds necessary to exempt executive, administrative and professional employees (EAPs) from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements.
Below, I’ll address that new salary level and just about everything else that employers need to know about this new rule: Continue reading
Court slices FMLA retaliation claim of employee caught golfing while on leave
By Shane Smith, CC BY-SA 3.0, Link
An employee with severe shoulder pain sought and received from his employer leave under the Family and Medical Leave Act. The employer notified the employee that the leave was limited to up to four medical appointments per year and for monthly flare-ups lasting up to three days per episode.
Then, things got curious.
Continue reading
The House just delivered a big blow to employment arbitration agreements.
Image Credit: Photofunia.com
It’s called the FAIR Act, which stands for the Forced Arbitration Injustice Repeal Act. The FAIR Act would amend the Federal Arbitration Act to prohibit a pre-dispute arbitration agreement from being valid or enforceable if it requires arbitration of an employment, consumer, antitrust, or civil rights dispute. Continue reading
Sometimes, it doesn’t take a law degree to know that an employer may have really screwed something up.
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I can often draw upon my years of experience as an employment lawyer to predict from reading the first paragraph of a federal court opinion how the court is going to decide the discrimination claim before it. Continue reading
If one of your employees wears this to work, tell that person to GTHO!
Image Credit: @bstroy.us on Instagram (https://www.instagram.com/bstroy.us/)
On Monday, I blogged (here) about a manager who commented on the hands of a female employee who had suffered severe nerve damages to them after a car accident. He called her hands “disgusting.”
It didn’t end well for the employer. Continue reading
Her resignation letter described a “great experience” at work. Then she sued for hostile-environment constructive discharge.
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Fred the Oyster [Public domain], via Wikimedia Commons
Monster’s advice is pretty spot on. Except, that is, when the individual later decides to assert claims of hostile work environment and constructive discharge.
Because, as you’ll find out in this post, nothing undermines those claims like a thoughtful resignation letter. Continue reading
Hooters 2.0? EEOC says that a lingerie store can’t refuse to hire male salespeople
Image Credit: http://www.freestockphotos.biz/stockphoto/14339
A few decades ago, some men sued Hooters Restaurant, claiming that the purveyor of chicken wings, burgers, beer, and shapely female servers in tight, revealing outfits, was discriminating against males who were denied employment as servers.
That case resolved in 1997, with Hooters serving up a multi-million dollar settlement and opening up a few gender-neutral positions at the restaurant.
But, not servers. Continue reading