Let’s assume that you run a factory in which employees are scheduled on one of two shifts: (1) 6:00 AM – 6:00 PM; or (2) 6:00 PM to 6:00 AM. One of your employees comes to you with a doctor’s note which states that working the graveyard shift will cause…
The Employer Handbook Blog
Bad things happen when management laments to HR that black people are ugly
Just a reminder that some managers still engage in really stupid behavior. I was reading this case about an HR Manager of a dentistry practice. Following an interview between a dentist in her practice and an African-American woman, the dentist allegedly commented to the HR Manager that the person would…
3 minor leaguers claim Major League Baseball violated the Fair Labor Standards Act
When you think of minor league baseball, you may draw on movies like Bull Durham or The Rookie; long bus trips from stadium to stadium where teams play in front of small crowds for small pay. Well, apparently, the pay may be small enough to trigger a violation of the…
FACT OR FICTION: Snow + Office Closed = FMLA Day
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 employees is currently using FMLA leave. Today, due to the winter storm, you’ve decided to close the…
Are lots of your severance agreements retaliatory? EEOC says yes.
When your business offers a severance agreement to a departing employee, does it contain: a general release; a non-disparagement obligation; a confidentiality provision; a covenant not to sue; or a cooperation clause Well, if it contains any one (or more) of these provisions, head over to Jon Hyman’s Ohio Employer’s…
An employee sued her employer for involuntary servitude. Yep, slavery.
Yesterday, I read a post over at Business Management Daily about an employee who sued for involuntary servitude. Yes, folks. The plaintiff claimed that her former employer had treated her like a slave. Specifically, the plaintiff, a trainee of some sort, alleged that she was never provided with a job…
New Philadelphia law requires accommodations for pregnant employees
Late last month, Philadelphia Mayor Michael Nutter signed this bill, which requires reasonable workplace accommodations for employees who have needs related to pregnancy, childbirth, or a related medical condition. As noted in this prior post about Philadelphia’s new law, reasonable accommodations would include, but are not limited to, restroom breaks, periodic…
New bill in Congress will revamp FMLA to cover smaller employers
How about cutting the 50-employee requirement for covered employers in half? So, if you have 25 or more employees working within 75 miles of one another, they would be eligible to take leave under the Family and Medical Leave Act. And that’s just part of the Family and Medical Leave…
NLRB renews its effort to expedite union elections
Back in 2011, the National Labor Relations Board tried to pass certain rules that would have changed the union-election process in eight ways: Allow for electronic filing of election petitions and other documents. Ensure that employees, employers and unions receive and exchange timely information they need to understand and participate…
Employee claims discrimination, then her friend gets fired. Is that retaliation?
Back in January 2011, when I had only one child and an Aston Martin savings fund, the U.S. Supreme Court decided Thompson v. North American Stainless, LP. In that case, the Court held that an employer violates Title VII of the Civil Rights Act if it takes action against…