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The Employer Handbook Blog

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This GM’s Facebook posts weren’t enough to sink his employer, but you may not be so lucky.

Social Media Facebook Hand https://www.maxpixel.net/Social-Media-Facebook-Hand-3198088 Yet again, here’s another situation in which off-the-clock social media posts impact the workplace. Last night, I read this opinion, in which the plaintiff, a former janitor at a car dealership, claimed that his race motivated the general manager to demote him. The plaintiff’s evidence…

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340,000 reasons to take harassment complaints about customers seriously

UnknownUnknown author [CC0 or CC0], via Wikimedia CommonsIf you know that one of your customers is getting all racist and handsy with employees, you have to do something about that. You know that, right? It would appear that one California employer didn’t get the memo. And the U.S. Equal Employment…

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Do you have to pay overtime to a drug dealer?

Image Credit: Pexels.com (https://www.pexels.com/photo/cannabis-dispensary-kelowna-dispensary-551798/) I just finished binging the first season of Narcos: Mexico on Netflix, which was awesome! Set in the 1980s, the show explores the growth of the cartel drug trade in Mexico. During one of the episodes, some of the main drug dealers discuss how it is…

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Are you confident — “defending-a-class-action-lawsuit” confident — that you’re protecting electronic employee data?

jaydeep_ [CC0 or CC0], via Wikimedia CommonsIt’s Cyber Monday. And, since you could’ve rested your deal-finding, typing fingers anywhere. I appreciate that you’re resting them with me before rejoining the masses for some holiday shopping online. Unfortunately, if you came here looking for links to big savings, I can’t help…

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Ranking turkey and the 19 best side dishes that you can serve on Thanksgiving – 2018 Edition

Image Credit: http://maxpixel.freegreatpicture.com Like last year, this year’s list is not up for debate. Don’t @ me. Sweet potato casserole with marshmallows **kisses fingers again** [Last year – No. 1] Stuffing  [Last year – No. 3] Homemade mashed potatoes  [Last year – No. 4] Cornbread  [Last year – No. 5] Macaroni…

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FMLA and attendance awards, how does that work?

Photo By: AR Division, ARH Branch, ARHM Section (https://www.hqmc.marines.mil/Photos/igphoto/202494/) So, glad you asked. I think I can help. This is from the U.S. Department of Labor, which is the federal agency that enforces the Family and Medical Leave Act: An employer may deny a bonus that is based upon achieving…

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Employer sees something wrong with a little bump n’ grind, defeats sexual harassment lawsuit

Allgamenab at English Wikipedia [Public domain], via Wikimedia CommonsEat your heart out, R. Kelly. Earlier this Summer, I carried on about the decision from the Third Circuit Court of Appeals in Minarsky v. Susquehanna County. It’s a sexual harassment case, but not just any sexual harassment case. I called it the…

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From wonky to wonkier, why your arbitration agreement may not be worth the paper on which it is printed?

Image Credit: Pixabay.com (https://pixabay.com/en/printer-fire-flames-broken-38027/) Yesterday, I successfully alienated every reader that doesn’t work in the restaurant industry or otherwise nerd out on Fair Labor Standards Act minutiae. Today, I double down with idiosyncratic arbitration agreements, specifically those possibly used by New Jersey employers. I promise to get back to something more…

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Fair Labor Standards Act Obituaries: The 80/20 Rule

Image Credit: Photofunia.com (http://photofunia.com/results/5beb885c846d785f4e8b456d) The 80/20 rule passed away peacefully on November 8, 2018, when the U.S. Department of Labor issued this Opinion Letter. Rachel Taylor, writing for FoodNewsFeed.com has a nice summary of the 80/20 rule: Since it began on March 2, 2009, the confusing “80/20” rule has been…

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Your 11-month employee just requested FMLA leave. Can you fire her before leave begins in the 12th month?

By J.J. at the English language Wikipedia, CC BY-SA 3.0, Link You’re not seriously considering doing this, are you? Hey! I promised you a big announcement! Yes, I did. Before I stick a pin in your FMLA-shenanigans balloon, I’d like to invite you to a webinar. A webinar? How good could it…