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The Employer Handbook Blog

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Can a company regulate employee weight and appearance?

According to a New Jersey appellate court, Borgata Hotel Casino & Spa can do it. Two years ago, a NJ trial court judge dismissed the claims of 22 female cocktail servers, also known as “BorgataBabes,” who claimed that they were victims of gender and weight discrimination. Borgata dictates that its BorgataBabes, both…

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New bill in Congress would crush employers that retaliate against union sympathists

  It’s seen by some as making labor organizing akin to a civil right. “Woo hoo!” said none of you. On Wednesday, Sen. Patty Murray (D-Wash.) and Rep. Bobby Scott (D-Va.), top members of the Senate Committee on Health, Education, Labor and Pensions, introduced the Workplace Action for a Growing Economy (WAGE) Act. According…

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POLL: Should Congress require companies to provide paid family and medical leave from work?

  Last week, President Obama signed an Executive Order requiring federal contractors to provide paid sick leave. More on that here. The Department of Labor has a roadshow and social media campaign, through which it is touting the benefits of paid family and medical leave. And the Family and Medical Insurance…

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Another appellate court dropkicks the DOL’s unpaid-internship test

“So, dynamic, Eric. Is there anything you can’t do?” Oh, hey there. Didn’t see you come in. You probably didn’t come here to read about Law360 naming me one of the 20 attorneys who are killing it on Twitter. (You can follow me here). No, you’re looking for some Fair Labor Standards…

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A Bipartisan “Ban the Box” Bill is Introduced in Congress

Some states and cities have made it illegal to ask about criminal convictions on job applications. A new bill introduced last week in both the U.S. House and Senate called the Fair Chance Act may “ban the box” across the country for all federal agencies and federal contractors. With limited exceptions,…

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Firing an employee for complaining on Facebook about discrimination = retaliation

And when the employer practically admits as much at a deposition = hella-stupid retaliation Yet, that’s what apparently happened, as described in the recent Michigan federal court decision in Brown v. Oakland County. Before I discuss that decision, I have a little contest for you. There is a great* employment-law decision involving…

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The limits of employee free speech on social media

  One of the finest employment-law bloggers, Daniel Schwartz, recently marked the eight-year anniversary of his Connecticut Employment Law Blog with a post about the three most notable changes in employment law over that span. Number one was social media. While for us bloggers, social media presents the lowest-hanging clickbait fruit,…