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The Employer Handbook Blog

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Pennsylvania, yes Pennsylvania, announces new overtime rules that are more generous than federal law

Image Credit: Photofunia.com About a year or so ago, Pennsylvania Governor Tom Wolf announced a plan to direct the Department of Labor & Industry (PA’s version of the DOL) to change the overtime rules in PA: The first step will raise the salary level to determine overtime eligibility for most workers…

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Yes, you can be fired for sharing Elmo poop memes. It’s another lesson on at-will employment.

Image Credit: Cody Hidalgo on Facebook A Michigan man claims he “legit got fired” for posting a Sesame Street Elmo ‘poop’ meme on Facebook on a Sunday when he wasn’t at work. (h/t The Daily Dot and Unilad) I suppose that’s kinda … wait for it … sh*tty. But, Michigan…

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PODCAST: How to Treat Employees Like Humans – Even When You’re Firing Them

Image by Gerd Altmann from Pixabay About a month ago, I shared a podcast from my FisherBroyles, LLP  employment law partner, Jessica Brown Wilson, where she addressed how to create a sexual harassment policy. Now, she’s back. This time, she’s tackling a difficult issue: “How to Treat Employees Like Humans…

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This leaked deposition transcript from a race discrimination case is like a bizarro embassy scene from Lethal Weapon 2.

Image Credit: YouTube.com Do you know that scene from Lethal Weapon 2? The one where Joe Pesci (Leo Getz) tells the representative from the South African embassy to convince his friend Danny Glover (‘Alphonse’) not to move to South Africa because he’s black. I’ll pause for a sec while you…

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A first-of-its-kind nationwide ban on non-competition agreements is coming. Possibly.

Image by Clker-Free-Vector-Images from Pixabay In 2016, President Obama signed the Defend Trade Secrets Act into law. A bipartisan approach to creating a nationwide enforcement mechanism, the DTSA prohibits misappropriation of trade secrets in all 50 states. Fast forward to 2019, and the federal government is back at it again…

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Common sense prevails! School reinstates black man it fired for repeating a racial slur directed at him as he told the person to stop

Image Credit: Photofunia.com Yesterday, I blogged here about a black man who was fired for repeating a racial slur directed at him as he told the person to stop. According to multiple reports, his employer’s position was that it had a zero-tolerance policy on racial slurs in the workplace —…

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A black man was fired for repeating a racial slur directed at him as he told the person to stop

Image by Pexels from Pixabay Last week, I quizzed you on how to handle a request for a religious accommodation to be excused from attending a weekend company holiday party. That was easy. Today’s ‘what would you do’ is much more difficult. Here’s the setup: Edward Employee and Ernest Employee…

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‘You better finish off your work quick, or I’ll ship you all off to the gas chambers.’

Image by Clker-Free-Vector-Images from Pixabay Said a grade school teacher (allegedly) to her class of 28 ten-year-olds, 11 of whom are Jewish. This according to multiple published reports, including this one from the UK Daily Mail. The article also notes that, when a student challenged the teacher on her anti-semitic…

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I’ll send Tommy back there to hit you in the head with a tack hammer if you get this HR compliance question wrong.

Image by Michel Oeler from Pixabay We’re going to quiz you today on workplace religious accommodations. (If you fail, instead of sending Tommy Boy, I’ll call the HR police to your office to tear up your SHRM-CP certification into little, tiny pieces, which we will then use to fill eggs…

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What happens when an employee who is suing you dies mid-suit? Is the case over?

wallyg [CC BY 2.0], via Wikimedia CommonsNot exactly. For example, here is a situation in which a woman sued her former employer for violating the Family and Medical Leave Act. After the plaintiff initiated the action in federal court, she died. Did that end the case? No. Indeed, Rule 25…