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The Employer Handbook Blog

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Vacation Thread: DOJ says that transgender discrimination under Title VII is perfectly legal

By Ivan Curra, CC BY-SA 3.0, Link (Not pictured: Eric Meyer; probably off grabbing a Dole Whip (adult version) and a turkey leg). Folks, the blog posts may not be as fast and furious (i.e., daily) as usual this week. That’s because, yes, I am vacationing with the family in…

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FMLA forms may be changing soon. What will they say? How will HR cope? #breathe

Paperbaghead [Public domain], via Wikimedia CommonsCalm down, bruh. That bag is for breathing; not hiding from your employees. Earlier this month, the U.S. Department of Labor hooked us up with some guidance on whether an employee may take leave under the Family and Medical Leave Act to discuss a child’s…

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NLRB: An employer’s “sign this arbitration agreement or you’re fired” edict is totally cool with us

Image by Andreas Breitling from Pixabay What a difference a few years make. Two years, Richard Griffin, the former General Counsel of the National Labor Relation Board (“NLRB“), stood before the U.S. Supreme Court and argued in Epic Systems v. Lewis that arbitration agreements requiring employees to forego the ability…

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Three strikes and the EEOC guidance on background checks is out (or close to it).

Image by tigerlily713 from Pixabay In 2012, the EEOC issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII. The purpose of the Guidance was to help eliminate barriers in recruitment and hiring to ensure that companies running these background checks weren’t…

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DOL: An employee may take FMLA leave to discuss a child’s special education needs at school.

Image by Clker-Free-Vector-Images from Pixabay Last week, the U.S. Department of Labor issued this opinion letter in which the DOL concluded that the FMLA covers a parent’s attendance at his/her child’s individualized education program (IEP) at school. Ultimately, this amounts to caring for a family member with a serious health…

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NJ has a new ‘wage-theft’ law. Here are 10 things that employers must know about it now.

Image Credit: Pixabay.com (https://www.needpix.com/photo/180714/muscle-muscular-athlete-fitness-body-bodybuilder-workout-bodybuilding-macho) If you’re old enough, maybe you remember this Miller Lite commercial from the 1970s where Steve “The Miz” Mizerak was just showing off at a billiards table, working up a thirst for his adult beverage of choice: Miller Lite. Last week, the State of New Jersey…

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When do (or don’t) Facebook posts create a hostile work environment?

By Nut-hardware.jpg: Muke derivative work: Xoristzatziki (talk) – Nut-hardware.jpg, Public Domain, Link I can tell you this. It takes more than a few posts from a couple of ‘Wingnuts.’ Some mean-spirited Facebook posts. The plaintiff, in this case, worked for a unionized airline. The plaintiff ran to become the union president.…