Oyez oyez. The New Joisy Supreme Court just fashioned a test to determine whether a worker is an employee or an independent contractor for purposes of resolving a wage-payment or wage-and-hour claim. And, shockingly, it doesn’t involve jughandles, diners, or Taylor Ham. (I live in NJ now, so I can…
The Employer Handbook Blog
President Obama to push for paid sick leave for American workers
In an announcement made late in the day yesterday on LinkedIn, Valerie Jarrett, Senior Advisor to President Barack Obama, posted that President Obama will call upon Congress today to pass the Healthy Families Act. More on this push from the President and what it will mean for American business, after…
Court ok’s firing of employee who made “inappropriately intense” Facebook posts
You know all that stuff you read on the internet about employees who can badmouth their boss on the internet, all in the name of free speech, and not get fired for it…. Yeah, about that… [More after the jump…] * * * Here’s a recent opinion from the Fifth…
I was right. This appellate court employment-law decision was one of the worst of 2014.
About a year ago, I blogged here about a dreadful Sixth Circuit opinion, in which the court concluded that the plaintiff may have a discrimination claim for receiving the specific transfer he requested (after having interviewed for the position). Now, if you read the comments on my post, you’ll see…
Saks claims transsexual discrimination is legal. And here’s why they’re probably right.
Over the weekend, I joined a Facebook thread discussing a recent federal court complaint filed in Texas by a former Saks employee, Leyth O. Jamal. Ms. Jamal claims that Saks violated Title VII of the Civil Rights Act by discriminating against her because she is transsexual. Saks claims (here) that…
DEWEY DEFEATS TRUMAN
Over the past few days, there’s been a lot of buzz going around the HR-interwebz a/k/a the hella-best part of the ‘net. The buzz was that The Employer Handbook went back-to-back and claimed the 2014 ABA Blawg100 honors by getting the most readers votes as top labor and employment law…
Thursday’s #SocialMedia and the #Workplace Hot List
Another bartender decided to liken beer to domestic violence. It was all captured on social media. [CBS Chicago] An employee’s caustic Facebook post about a police shooting earned her a termination…and unemployment compensation benefits. [Technology & Marketing Law Blog] Social media users did not respond well to the Undercover Boss…
If you employ progressive discipline, don’t slap your employees with a bearded dragon
And by bearded dragon, I mean, well, bearded dragon. This warning holds true even if you operate a reptile store. Chris Joseph of the Broward/Palm Beach New Times reports (here) that a Florida reptile store owner was “arrested on battery and cruelty to animal charges on Friday after he allegedly hit…
SHRM, US Chamber, NAM, and other business groups sue to block new NLRB election rules
It’s on now! Late yesterday afternoon, the U.S. Chamber of Commerce issued a press release in which it announced that it had filed this complaint in federal court against the National Labor Relations Board to strike the Board’s election rules, passed last month, which would create faster union elections. More…
It’s prolly not retaliation when you fire an employee who masturbates in your parking lot
Or, at least, when you honestly believe that one of your employees is masturbating in the parking lot. (Unless, of course, you’re like by buddy Fred, who operates Parking Lot Self-Gratification, LLC). Let’s just pretend that parenthetical remained in my head, ok? After the jump, it’s a lesson on the…