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The Employer Handbook Blog

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Could firing one who doesn’t seem “happy and smiling and positive” violate labor law?

A man has filed this Charge with the National Labor Relations Board, claiming that his former employer violated the National Labor Relations Act when it fired him, allegedly, because the company didn’t think he was “happy and smiling and positive.” What’s this all about, Eric? Shout out to Melissa Daniels at…

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PA federal court turns the page and protects gay workers from discrimination

In 2001, the Third Circuit Court of Appeals decided Bibby v. Philadelphia Coca Cola Bottling Co. In Bibby, the Third Circuit could not have been clearer about whether federal anti-discrimination law made LGBT bias at work unlawful. “Title VII does not prohibit discrimination based on sexual orientation. Congress has repeatedly…

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Feds unite with Worker.gov, a one-stop website for employees to address workplace issues

After consuming a protein shake or two from a red Solo cup during my family’s Halloween escapades, I retired to the bloggerdome to visit the EEOC’s website. Halloween or not, I have the coolest Monday night routine in all of Cherry Hill, NJ. Oh, heck, probably in the whole state. Because I’m good…

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HR-101: Did an NFL fan create a hostile work environment by throwing a sex toy on the field?

At halftime of my seven-year-old’s soccer game, I was perusing my slow weekend RSS feed. Of the seven Feedly items, one stood out: a “news” from Deadspin (NSFW) about a fan who hit the five yard line with a phallus toss (video is NSFW) during the third quarter of the National Football League…

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Facebook Live and the hella-icky, vomitous workplace implications

Vomitous is a word, right? What is Facebook Live? Facebook Live permits anyone with a Facebook account to whip out their smartphone and broadcast video live to their Facebook friends and followers, each of whom receive a notification when the broadcast begins. For example, right from my desk in Philadelphia, I…