May, 2021

Before I get into that new CDC mask guidance, I owe you two more tips to avoid FMLA abuse

May 14, 2021 | by Eric B. Meyer

I still don’t regret buying this Krusty The Clown buff. Not one bit.

On Monday, I’ll give you a thorough breakdown of yesterday’s CDC guidance for fully vaccinated individuals, including some initial thoughts on how to revise return-to-work/COVID-19 workplace policies.

But now I want to pick up where I left off yesterday with two more tips to combat Family and Medical Leave Act abuse. Continue reading

A federal appellate court just hooked you up with three tips to erase FMLA abuse

May 13, 2021 | by Eric B. Meyer

https://photofunia.com/results/609d0b06fe31e2521f8b456d

(Although, technically, I’m the one hooking you up because you’re reading them here in this blog post. But, who’s counting?) Continue reading

What do adult toys and X-rays have to do with protecting trade secrets?

May 12, 2021 | by Eric B. Meyer

Image by Tayeb MEZAHDIA from Pixabay

I’ve been revising a lot of NDAs recently — not to be confused with N.W.A.s. Although, sometimes, I do listen to N.W.A. while updating nondisclosure agreements.

My curious legal listening habits notwithstanding, there is a practical employment law point I’d like to make here. And it involves sex toys.

Really, Eric?!?

How long does an employee have in which to file an FMLA lawsuit?

May 11, 2021 | by Eric B. Meyer

Mikhail Vasilyev, CC0, via Wikimedia Commons

Good questions; I thought maybe you knew. Ok, fine, I’ll tell you.

It depends. Continue reading

Read this post before accommodating a disabled employee with a job reassignment. (It could save you a lawsuit.)

May 10, 2021 | by Eric B. Meyer

people transfer by Musmellow from the Noun Project

The Americans with Disabilities Act requires employers to make reasonable accommodations to the known physical or mental impairments of an otherwise qualified individual with a disability. Technically, both courts and the U.S. Equal Employment Opportunity Commission consider reassignment to a vacant position to be a reasonable accommodation.

But, here’s the thing. Continue reading

DON’T DO THIS: Misclassify your employees as independent contractors

May 7, 2021 | by Eric B. Meyer

United States Department of Commerce and Labor, Public domain, via Wikimedia Commons

While not quite as outrageous as slavery, ignorance, or misogyny, today’s edition of “Don’t Do This” will apply most practically to readers of this blog. Continue reading

DON’T DO THIS: Party with vodka and strippers at work during a pandemic

May 6, 2021 | by Eric B. Meyer

vodka by Oksana Latysheva from the Noun Project

The headline in the Toronto Sun read, “Sex-partying drywallers fired: Contractor.” Meanwhile, the Daily Star went with “Builders sacked after video of boozy birthday party with stripper goes viral.” Continue reading

DON’T DO THIS: Threaten to fire employees that get a COVID-19 vaccination

May 5, 2021 | by Eric B. Meyer

1-NW-42nd-St-Miami-Florida-Instant-Street-View

Image Credit: Google Street View

Today’s edition of “DON’T DO THIS” comes from an unlikely source: The Howard Stern Show. Continue reading

DON’T DO THIS: Enslave an employee

May 4, 2021 | by Eric B. Meyer

Image by analogicus from Pixabay

Common sense dictates that, as human beings, we refrain from certain activities. For example, neither cuddling with a porcupine nor housebreaking a skunk are good ideas. You don’t need a lawyer to tell you that. Continue reading

Maybe if I blog about it enough, the Pregnant Workers Fairness Act will actually become law

May 3, 2021 | by Eric B. Meyer

Image by councilcle from Pixabay

For the third time in the past year, I am blogging about the Pregnant Workers Fairness Act.

Why? Continue reading