A few years back, some progressive (?) restaurants around the country made headlines by paying their waitstaff more than minimum wage and putting the kibosh on customer tips. This broke with the traditional way of paying customarily-tipped employees in scratch offs and iced animal crackers. That is, most employers would pay the minimum-required…
As we celebrate the 50th anniversary of the Age Discrimination Employment Act (ADEA), the U.S. Equal Employment Opportunity Commission is determined to make the ADEA “more relevant than ever.” Translation: If your workplace doesn’t get its act together soon, come 2018, you’re gonna be like this if the agency or a…
Honestly, I generally try not to resort to clickbait ledes or trending terms like Donald Trump, Taylor Swift, Solar Eclipse, Game of Thrones finale spoilers, and leaked Apple iPhone 8 images, to increase web traffic. That’s beneath a professional ***fart*** blogger like me. But, since you’re here, please form a single-file…
Remember when I told you (in this blog post, this article, and this tv interview) that private-sector employees have no First Amendment right, while government employees have limited free-speech rights? I lied. Actually, I was telling the truth. Today’s blog post proves that. Michael Todd Snipes was a law enforcement officer…
Well, maybe not in those words exactly. But, the judge did have some scathing words for the U.S. Equal Employment Opportunity Commission’s take on wellness-program incentives. Remind me. What are these incentive rules? Back in 2016, the U.S. Equal Employment Opportunity Commission passed new regulations impacting wellness programs. Among other things,…
Ah yes. We’re going to attempt to put the “human” in HR today. **clutches icy-cold lawyer heart** In Grant v. Hospital Authority of Miller County (opinion here), the plaintiff filed and was approved for leave under the Family and Medical Leave Act due to complications with her pregnancy. After giving birth…
As I type out this post at 10:15 pm on Sunday evening, there are many reasons why I am thankful that NBC10 in Philadelphia tapped me for an interview that aired on Sunday. Not the least of which is that I can make this blog post a short one, link to…
Yesterday, a LinkedIn user who read Monday’s post, “How would you respond if your employee marched in Charlottesville?” asked his own question, Eric, could you explain more in depth – employment at will vs. Off the job free speech? I got this. At-will employment means that the employee or the employer…
Allow me to explain. When is a lateral transfer a discrimination lawsuit? [cue music] Today’s lesson comes from the DC Circuit’s recent decision in Ortiz-Diaz v. HUD. Here’s how the appellate court summarized the facts and issues: Samuel Ortiz-Diaz was a criminal investigator in the Office of the Inspector General at the…
The Department of Labor does most of the heavy lifting for you. But, today’s blog post is a sobering reminder that when an employer provides DOL-prepared Family and Medical Leave Act paperwork to an employee, it’s just as important for the employer to complete its portion of the forms as…