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The Employer Handbook Blog

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Apparently, selling “Wake The [expletive] Up” coffee raises the “for cause” termination bar

Let this be a lesson to those who are thinking about selling “Wake The F*&k Up” Coffee, “The Hottest F*&king Nuts,” or “The Hottest F*&king Sauce.” Recently, I read this article from Clark Kauffman in the Des Moines Register about a cashier at the Last Chance Market in Iowa, who…

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Teacher can’t return to work two weeks after maternity leave ends, but may have an ADA claim

Recently, I gave a webinar about the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act. One of the takeaways there was that, when an employee’s 12 weeks of FMLA leave expire, you need to be thinking about ADA implications rather than processing a pink…

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Plaintiff demands that a court order her alleged sexual harasser to photograph his penis for inspection

As an employment lawyer, part of my practice involves training employees and supervisors on employee handbooks. Most often, my training focuses on respect in the workplace. During these sessions, I employ many techniques to discourage the workforce from engaging in behavior that could create a hostile work environment. Usually, I’ll…

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I ran my mouth for an hour and six minutes about the FMLA/ADA interplay

Only the dorkiest of HR/Lawyers dorks could appreciate this webinar. Here is the recording. Here are the slides. Happy dork day! * * * Want to dork-out even further? If you’re on LinkedIn, consider joining the discussion of news, trends and insights in employment law, HR, and the workplace, by…

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ALJ strikes social media policy disclaimer for work-related speech

How many of you have social media policies, which contain a provision that reads something like this… “If you identify yourself as an associate of the Company and publish any work-related information online, you must use this disclaimer: ‘The postings on this site are my own and don’t necessarily represent…

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Sixth Circuit redefines the “workplace” when considering attendance as an ADA essential job function

These blogging fingers have had much to say about telecommuting as a reasonable accommodation under the Americans with Disabilities Act. Now, if you’ll excuse me, these blogging fingers are going to dunk broccoli into spinach dip. Ok, I’m back. Whether telecommuting is a reasonable accommodation was a business decision. Most…

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As of Sunday, Philadelphia businesses without this workplace poster are breaking the law

Back in February, I reported here about the new pregnancy-accommodation law that went into effect in Philadelphia. The law requires local business to provide reasonable workplace accommodations for employees who have needs related to pregnancy, childbirth, or a related medical condition. The law also requires Philly employers to post notice…

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There is no right to be completely left alone while on FMLA leave

One of the questions I hear a lot from employers is: Can we communicate with employees on Family and Medical Leave Act leave and, if so, how much? I’ll get to that in a second. #HelpShaneFightCancer For the folks who missed my blog post on Friday, we’re trying to raise…

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Employment Law Blog Carnival – Pick Your Holiday Edition

The third week of April ushers in several holidays: Passover, Good Friday, Easter. But no matter what your religion or god — even a sacrilicious ceiling waffle — we can all agree that the Employment Law Blog Carnival, which you can find this month at Tim Eavenson’s blog: Current Employment,…