In 1968, when Philadelphia Eagles fans pelted Santa Claus with snowballs, the 19-year-old kid who dressed as Jolly Old St. Nick, took the onslaught like a champ! As frustrated as he may have been, the worst our Kris Kringle did was to tell a fan that he wouldn’t get any presents…
The Employer Handbook Blog
Federal court won’t enjoin Philly’s proposed salary-history rule, tosses the entire lawsuit.
The uncertain future of a Philadelphia law that would preclude employers from asking job applicants and employees about their salary history has local companies about as calm and at ease as the Teen Titans doing the pee-pee dance. Let’s recap… December 2016 – City Council proposes the salary history question…
The Sixth Circuit says that class-action waivers violate federal labor law. Meh.
Hey, no disrespect to the Sixth Circuit Court of Appeals, and all… They decided last week in NLRB v. Alternative Entertainment (opinion here) that, under the National Labor Relations Act, an employer cannot force employees to agree to mandatory arbitration and bar collective or class action lawsuits. The former is ok, the latter…
“I get high with a little help from my friends”
The Beatles lyric is also the opening line from a recent state court opinion about hiring (or not hiring as the case may be) someone who uses medical marijuana. More on that in a bit. But first, the title of this post may serve a dual purpose. That is, maybe it…
What ketchup on a hot dog can teach employers about at-will employment
Either way, it doesn’t belong on a hot dog. Ever. Heck, if it were up to me, I’d fire anyone who put ketchup on a hot dog. It seems that would be consistent with the at-will employment doctrine. Under the at-will employment doctrine, if the employee doesn’t have a contract…
“Life, Liberty and the pursuit of Happiness” … and Wife Swapping
What I am about to share with you is based on a true story. Well, bits of it anyway. A funny thing happened on the way to Independence Hall. Just days before our Founding Fathers signed the Declaration of Independence in 1776, two of their trusted advisors — the actual…
I don’t recall the ADA saying anything about reasonable-er accommodations.
Hopefully, I didn’t miss something. (Oh, so you’re saying that, maybe, “reasonable-er” isn’t a word.) Well, I do have a point here. Somewhere. Ask and ye shall receive. In Preston v. Great Lakes Specialty Finance, Inc. (opinion here), Plaintiff suffered from a disability that caused him to have heightened sensory sensitivities…
FMLA & ADA: Two peas in a pod
I love my readers. Like my youngest daughter with a pile of peas, my readers devour HR-compliance wonk and nuance. For example, last week I ran a post called, “Someone who doesn’t know that they have a serious health condition can still get FMLA, you guys.” That post was about…
Pay attention HR! Transgender employees may have ADA (disability) rights too.
My decision to sit at the computer and begin blogging at 10:48 PM on a Sunday has backfired on me, for sure. This will teach me to go out for a few drinks after my kid’s soccer game. That is, on Friday before I left work I read this headline, “Transgender…
There have been some huge, recent LGBT developments impacting your workplace.
Most notably, HR Dive interviewed me on supporting transgender employees at work during their transition!!! (There’s also something about the Senate and House introducing the Equality Act, which would amend Title VII to explicitly ban discrimination based on sexual orientation and gender identity. And, another district court judge has ignored binding precedent…