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The Employer Handbook BlogCompany pays EEOC $79,000 rather than provide a pair of gloves to an employee with a skin rash
That reads a little bit like a headline from The Onion. Continue reading
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Can an employee legally be fired for using over-the-counter CBD products?
Last night, I read this federal court opinion where a defendant, sued after firing a plaintiff who used CBD for her disability, got the entire case dismissed.
So, let’s talk about how and why. Continue reading
The case of the $250,000 thumb drive porno and hacking (allegedly)
A former bank employee is now facing up to $250,000 in fines and ten years in prison because he allegedly wanted to watch The Matrix on a work laptop.
Actually, there’s a little more to this story. Continue reading
When do N-words and sex jokes NOT create a hostile work environment?
Hopefully, this question doesn’t have you clutching your pearls. Continue reading
Two different termination letters lead to one discrimination lawsuit and zero luck for the plaintiff
The general rule in employment law is that an employer’s inconsistencies and contradictions breathe life into discrimination claims.
But there are some exceptions.
Continue reading
Jerk customers can create hostile work environments for your workers too
As I sit here on vacation cleaning out some of the older cases from my Google Drive, I came across this Fifth Circuit decision about which I meant to blog a while ago. It’s about a baccarat dealer who had to deal with a customer making sexually charged gestures, remarks about her appearance, and sexual propositions toward her.
No employee should have to deal with this type of behavior. But does the law recognize that customers can create a hostile work environment for one of your employees?
Five days after the CDC reaffirmed its mask order for air travel, a federal judge nixed it nationwide
On April 15, the Centers for Disease Control and Prevention (CDC) announced that its Mask Order (requiring face masks on planes into and within the United States) would continue to allow the CDC time to assess the potential impact of the rise of COVID-19 cases.
Yesterday, however, a Florida federal judge struck the Mask Order in Florida and across the country, concluding that the CDC had exceeded its authority by instituting the Mask Order.
176,193 reasons to be careful when trying to limit employee overtime
Last week, I read this press release from the U.S. Department of Labor’s Wage and Hour Division announcing a six-figure recovery from an employer that “illegally placed a cap on overtime at 16 hours per pay period and paid any overtime beyond 16 hours at straight time rates, a violation of the Fair Labor Standards Act.”
So, let’s discuss some FLSA/overtime rules. Continue reading
Yes, a man can have an (un)equal pay claim too. So how can a company defend itself?
The Equal Pay Act (EPA) prohibits employers from discriminating against an employee based on sex by paying lower wages than are paid to employees of the opposite sex for performing equal work. We usually see women assert EPA claims.
But men can have them too. Continue reading