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The Employer Handbook Blog

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Pilot who ranted and raved mid-flight about a terrorist attack blames airline for allowing him to fly

One week ago today, a Germanwings plane carrying 150 people crashed and killed everyone on board. Since then, there is mounting evidence that the co-pilot, who was in great physical shape, was also suffering from mental illness which caused him to deliberately steer Flight 9525 into the French Alps. Why didn’t Germanwings taken preventative…

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Was the Ellen Pao gender bias trial a wakeup call or snooze for businesses?

I intended to begin the week with a post about a company’s legal obligation to predict — yes, predict — an employee’s mental fitness for duty. Then, I started on a brief tangent on Ellen Pao, the former partner of a Silicon Valley venture capital firm, who just lost a highly-publicized gender discrimination claim against said…

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The Employer Handbook takes on the world’s strangest job interview questions of 2015

The folks over at Glassdoor.com have compiled their Top Oddball Interview Questions for 2015. Except this year, there’s a twist. Glassdoor has grouped the questions by country: United States, United Kingdom, Canada, France, Germany. So, let’s put these question to the test. I’m going to take a random “oddball” question from…

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English-only rules may be discriminatory….and violate federal labor law too.

A few years ago, I posed the question: Is a workplace “English-only” rule legal?  Yadda, yadda, yadda, sometimes. That is, in this Compliance Manual, the EEOC confirms that employers may adopt English-only rules under certain circumstances, insofar as it is adopted for nondiscriminatory reasons (e.g., safety, business necessity) and not to discriminate…

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Does a company invade an employee’s privacy by accessing personal texts on a work-issued iPad?

This “invasion of privacy” question is the lynchpin of a new lawsuit from two former employees of one of the largest beer companies in the world. The complaint (available here), which began in state court, has been removed to federal court in New Jersey. David Gialanella, reporting for the New Jersey…

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When employees cash paychecks stamped “full payment,” are their OT claims waived?

I’ve gotta hand it to the company in this recent federal appellate court opinion. The company almost — soooooo close — avoided several claims for unpaid overtime. Let me set the stage for you. So, there I was wearing nothing but feathers and a coy smile. Back in 2011, the U.S. Department…

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March Madness has nothing on these hella-crazy workplace brackets

Got a busted bracket in your HR Department’s NCAA Men’s Tournament bracket pool? Oh, riiiiiiiiiight. What bracket pool? I must be talking about that other company, the one with low-flow poop-stained toilets and the non-conforming employee handbook. #realtalk Well, according to this CareerBuilder.com survey, 1 in 7 US workers planned to fill out a…

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39 reasons why your employee handbook may violate the law

Before I get to a 1752-word blog post about the National Labor Relations Board going wee-wee all over your workplace Cheerios with this March 18 report from General Counsel Griffin, replete with examples of how your employee handbook is overly broad and violates the National Labor Relations Act, let me do two…