I’ve blogged (here) that grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination. I’ve blogged before (here) that the Americans with…
Articles Posted in Human Resources Policies
Yes, your employees can legally record most workplace conversations
Back when the Lamborghini Countach poster was in your bedroom, spinach and artichoke dip was on the menu, and it was hip to be square, this image would have been fitting for this blog — what’s a blog?!?! — post. Yes, there was a time when a secret recording in the…
Huge $5M EEOC settlement spotlights an enforcement priority that you may be overlooking
In late December of 2012, the EEOC approved its Strategic Enforcement Plan for 2013-2016. Sadly, one of the agency’s enforcement priorities has been ignored on this blog. Until now. Protecting Immigrant, Migrant and Other Vulnerable Workers. There are six EEOC enforcement priorities. While there is no hierarchy among the six,…
POLL: Should Congress require companies to provide paid family and medical leave from work?
Last week, President Obama signed an Executive Order requiring federal contractors to provide paid sick leave. More on that here. The Department of Labor has a roadshow and social media campaign, through which it is touting the benefits of paid family and medical leave. And the Family and Medical Insurance…
President Obama requires federal contractors to offer paid sick leave
I swear. If you put ketchup on that Labor Day hot dog, I’ll find and you and— Oh, hey! Didn’t see you there. Happy Tuesday to you. I hope that you had a nice mustard-covered-hot-dog-filled Labor Day. Me? I forgot how bloody awful it was to spend hours in blazing heat miniature golfing with…
Under the ADA, can you fire an alcoholic who doesn’t request treatment?
An alcoholic employee can present a number of tricky legal issues affecting the workplace. Under the Americans with Disabilities Act, there’s a certain dichotomy. That is, alcoholism is a disability under the Act. However, an employer can ban alcohol in the workplace and require that employees not be under the…
Join me for bagels, a schmear and #ACA next Tuesday in Philly.
I didn’t stay at a Holiday Inn Express last night. But, even if I had, heck, I could move in to a Holiday Inn Express for a month and still not have anything intelligent to offer when one of my clients brings up the Affordable Care Act (ObamaCare). Now, I’m guessing that…
The “E” in E-Mail stands for Exhibit. As in Exhibit A.
Not a day goes by — or, so it seems — that an employee isn’t making headlines for some social media stupidity that results in losing a job. But, social needs to keep its ego in check and pay respect to the true OG that paved the way. Yeah, son. Email. As part…
REMINDER: Philadelphia’s Paid Sick Time law goes into effect today
If you are a Philadelphia employer, check out my post from February and this poster. While the new law requires employers of 10 or more to provide paid sick leave, those with 9 or few employees must still provide unpaid sick leave. If you haven’t done so already, update your employee…
When might firing a medicinal marijuana user be discriminatory?
Ok. Let’s assume that I’m looking to fill another Blogprentice position here at the Bloggerdome. [FYI – The Blogprentice’s job is to massage my scalp during those brief periods of writer’s block or when I get the vapors, rub my feet at all other times, plus whatever tasks, reasonable or…