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The Employer Handbook Blog

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The 24/7 world of social media can bite your employees when they least expect it

The list of employees who have lost their jobs because of social media mistakes, well, it’s long. I’ll get you started here and here and here. Whether it’s on or off the clock, being outspoken — to put it mildly — on social media, doesn’t end well often. But, most social media missteps…

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A Chairperson supposedly tried to get her direct report to marry her son. Her son the company CEO.

YASSSSS!!!! Oh, thank you blogging gods for this generous clusterfunked bounty. Please accept this offering from your humble minion. Hummina Hummina Hummina Oh, where to begin. Where. To. Begin. Well, how about some facts from Allen v. TV One, LLC. Plaintiff began working as the Director of Talent Relations and Casting…

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Unreported hours worked may count towards FMLA-eligibility hours. Wait…WTH!

1,250 hours. An employee needs to have worked at least 1,250 hours during the 12 months prior to the start of leave under the Family and Medical Leave Act to be eligible to take qualified leave. A few years ago, I blogged here about a case involving a teacher denied FMLA…

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Those EEO-1s you love to complete are gonna get more complicated

Happy Monday. Like my amateur Photoshop? No? Well, then, how about a little music…. (You can put your middle fingers down now). The EEOC wants more data on 63 million employees. So, on Friday, the White House announced (here) that it is “taking action to advance equal pay.” And that’s great!…

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What caused this employee to claim disability discrimination on her second day of work?

  When was the last time that you trained your managers and supervisors on how to address disability accommodation requests? Or, how about the last time that you reminded your supervisors and managers that an employee with a disability needs to be treated respectfully? If it’s been a while (or, maybe, I dunno, forever),…

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See no overtime, hear no overtime, pay no overtime

Like many other employers, you’ve got a handbook policy that says that non-exempt employees cannot work overtime unless they obtain prior approval from a manager or supervisor. If, without prior approval from a manager or supervisor, a non-exempt employee works overtime and reports those hours to you, the Fair Labor…

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Migraines! They are the bane of your FMLA world, HR. Amirite?

Lest anyone consider me a heartless mongrel. (Other than you plaintiff’s lawyers, of course). I understand that many folks suffer from migraine headaches. Really bad, debilitating, serious health condition migraines. I get it. And, I sympathize. I’m sorry. That said, poll a room of HR professionals. With hella-side eye, they’ll tell…

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U.S. Department of Labor issues new FMLA fact sheet for joint employers

“Are you a joint employer?” No, that’s not my law school pickup line. That would be a terrible pickup line; I’d be a lonely, single, blogging employment lawyer, sitting alone by candlelight eating baked beans out of the can. Actually, it’s the question that Dr. David Weil, administrator of the U.S. Department…

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How do you handle FMLA and FLSA for a snow day office closure?

Back when I had three kids — the one-year old (not pictured) is salting the sidewalk — I took some liberties with snow days and the Fair Labor Standards Act. I’m exempt of course (Executive exemption — like a boss!). For the kids, rather than worry about minimum wage or overtime,…