Yep, in this precedential opinion, the Third Circuit Court of Appeals created a Family and Medical Leave Act loophole that could protect “the most frivolous leave requests.” Folks, if your business is covered under the FMLA, and you’ve ever had to deal with a questionable medical certification for an employee’s serious…
Happy Monday, everyone. Glad to see I didn’t break some of your content filters on Friday with my filthy NLRB post. But, hey, just another day in the interesting life of an employment lawyer / HR professional, amirite? Today, I bring you a very simple lesson, courtesy of the Third Circuit Court…
What the hell are you talking about, Eric? Why would we make an independent contractor sign a release of employment claims before starting work for our company? So glad you asked. Although, I’m not sure I like your tone. *** takes pills *** Many years ago, Allstate Insurance restructured its business,…
Trial is over! I’m coming atcha live and direct from the bloggerdome with a sweet defense verdict in my pocket. Yup, yup! [cue music] [cue music] And what do I come back to? A precedential Third Circuit opinion discussing an employee’s right to return to work from FMLA. I’ll cover…
One of the questions I hear a lot from employers is: Can we communicate with employees on Family and Medical Leave Act leave and, if so, how much? I’ll get to that in a second. #HelpShaneFightCancer For the folks who missed my blog post on Friday, we’re trying to raise…
I was on such a roll this week. You guys were digging the heck out of my peeing in the breakroom post, David Crosby the alcoholic, and the one about a supervisor offering cash to sleep with an employee’s wife. You know who even read that last one? Scan down…
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” If you operate a business in PA, NJ, DE or the USVI, then the answer is yes. This is true…
Under the Americans with Disabilities Act, an employer must make reasonable accommodation to the known physical or mental limitations of an individual unless the employer can show that doing so how cause it undue hardship. Generally, an employee will initiate the process by advising her employer that she is disabled…
In a 2-1 decision issued today (copy here), the Third Circuit Court of Appeals ruled that the National Labor Relations Board lacked the authority to act as early as March 2010, when President Obama appointed Craig Becker to the Board. The Third Circuit held that Member Becker’s appointment to the…
Robert Mariotti was the vice-president and secretary of the company his father founded. Not only was he a corporate officer, but Mariotti also served as a member of the board of directors, and was a shareholder who could only be fired for cause. In 1995, Mariotti had a spiritual awakening,…