Has the Supreme Court’s 5-4 decision in Vance v. Ball State been keeping you up at night? *** logs IP numbers; obtains restraining orders *** Well, ok. I can see why some of you are sour on the 2013 Supreme Court decision holding that an employee is a “supervisor” for purposes…
The Employer Handbook Blog
Is it unreasonable to tell your boss to stop sexually harassing you?
I can actually feel the daggers that some of you are staring into me. So, please allow me to reintroduce myself. My name is H-O explain. How to demonstrate sexual harassment When an employee sues for sexual harassment, he/she must show four things: he or she was subjected to conduct…
What is it exactly that President Obama wants to do to the FLSA?
So, by now, you’ve likely read the news, first reported on Wednesday night by The New York Times reporters Michael Shear and Steven Greenhouse that “Obama Will Seek Broad Expansion of Overtime Pay”. Messrs. Shear and Greenhouse indicated that, yesterday, President Barack Obama was to the direct the U.S. Department of…
What the EEOC wants companies to know about social media and employment discrimination
Yesterday, the United States Equal Employment Opportunity Commission held a public meeting at which it discussed, well, you read the lede. Don’t miss this one employers; the full 411 is after the jump… * * * (Yeah, I’m playing Bjork. Haters can take a hike…) As I was saying, yesterday,…
FACT OR FICTION: An FMLA-eligible employee can decline FMLA leave
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.” One of your FMLA-eligible employees walks into HR one day and says that she has a serious health condition and…
VIDEO: Justin Bieber is a smug and very arrogant deponent
Last week, Justin Bieber was deposed in an action stemming from an alleged attack by his bodyguard on a member of the paparazzi. Here and pasted below is the video that’s been making the rounds on the internet: //www.youtube.com/watch?v=emsLrZg160s So, how does this impact your workplace? Don’t let your employee…
Check out the new EEOC guidance on workplace religious accommodations
Late last year, the United States Equal Employment Opportunity Commission scored a big victory when a federal judge found apparel company Abercrombie & Fitch liable for religious discrimination when it fired a Muslim employee for wearing her hijab (a religious headscarf) in the workplace, rather than accommodating her religious beliefs.…
Accessing Your Employee’s Social Media Accounts May Violate Federal Law
Back in 2011, when y’all were Tebowing, planking and winning, I was blogging about this case where an employer allegedly updated its employee’s Facebook page and tweeted from her Twitter account without her permission while she was on leave from work following a car accident. The Stored Communications Act…
Employee wins sexual harassment case. (Employee is a prostitute)
[Cue music] “Yes! Meyer is finally playing Five Finger Death Punch!” — Not a single one of you We’ve had some pretty wild, prurient, “where does he get his material” workplace posts here at The Employer Handbook. Remember the one about the female accountant who won the right to legally…
CHEATSHEET: How to pay employees for Daylight Savings Time work
Yesterday, I read this post from Sara Hutchins Jodka at Employer Law Report about how to pay employees for Daylight Savings Time work and comply with the Fair Labor Standards Act. Then I ate a big bowl of pulled pork and I thought to myself, “Damn, I’m feeling lazy tonight!…