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The Employer Handbook Blog

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When the supervisor offers an employee $$$ to have sex with his wife, that’s not gender bias, you guys

Terribly sorry about the confusion created by my sloppy use of possessive pronouns in today’s lede. The “his” wife refers to the employee’s wife. Otherwise, this post doesn’t make any sense, does it? (Don’t spend too much time contemplating the question, ok). Yep, just another Tuesday at The Employer Handbook.…

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The guy who was fired for peeing in a cup in front of his co-worker claims disability discrimination

I’m pretty sure Larry David had this written into the Seinfeld Parking Garage episode before making a last-minute script change to uromysitis. I would have stuck with the former. But, Mr. David is a comedic genius and I just write this crappy blog.  How bad is this blog, you ask?…

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Wages aren’t confidential, you guys. Your employees can discuss them.

Over the past several years, seemingly, we’re seen the NLRB take a more active interest in employee handbooks. We’ve certainly seen it with respect to social media policies; especially, where these policies purport to limit the rights of employees to discuss their employment with one another. This is because Section…

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FACT OR FICTION: You must provide FMLA to someone who “potentially” qualifies for it

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Employee comes to you with a leave request in which he potentially qualifies for FMLA. Must you provide it? Break…

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Court reasons that unreasonably withdrawing a reasonable accommodation is reason for employee to win ADA suit

Let’s say that you have an employee whom the Americans with Disabilities Act would consider disabled and to whom you have afforded a reasonable accommodation for a long time. Maybe it’s a few years of light duty to accommodate your employee’s bad back. Maybe it’s keeping your employee with medically-documented…

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Plaintiff-employee destroys Facebook posts about her case; court destroys her

Last month, a daughter’s Facebook post cost her father an $80K age-discrimination settlement (more on that here). Last week, with some Facebook shenanigans, the plaintiff in a sexual harassment case screwed herself over. (See what I did there?) Heather Painter used to work for Dr. Aaron Atwood D.D.S. According to Ms.…

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This may just be the greatest union-avoidance banner evah!

Yesterday, I read with interest Jon Hyman’s post at the Ohio Employer’s Law Blog about how Target has employed a 14-minute training video to help keep its workplace union free. Gawker has posted a copy of the video here. Like a bear crapping in the woods, Gawker pokes fun of…

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That’s what she said: How to navigate the pitfalls of the FCRA

When the Fair Credit Reporting Act comes a knock knock knockin’ on HR’s door, who among you, will answer the call? Fear not, kids. Cinch on your big boy/girl underpants! My colleague, Stacey Schor, in this post, has outlined a recent federal court decision that provides valuable guidance on how…