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The Employer Handbook Blog

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“Drug-Free Workplace Policy Builder” from the Department of Labor

Ordinarily, I’m reluctant to recommend online modules that help HR professionals create workplace policies. Like the one I used to create a Borat Workplace Dress Code. Maybe it was the alcohol talking, but I was certain that the one-piece, over-the-shoulder, male swimsuits wouldn’t create a donning and doffing FLSA issue.…

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Placing do-not-hire notes in personnel files of employees who file EEOC charges is dumb

  If I ever handled a plaintiff’s case again, at deposition, I would be sure to take a page out of the playbook of Texas employment lawyer, Mike Maslanka: Ask the manager who decided to fire the plaintiff whether he’s eligible for re-hire. An unprepared manager might blurt out, “Of…

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The ADA still requires a plaintiff to show that he has a “disability”

When the Americans with Disabilities Act Amendments Act (“ADAAA”) went into effect on January 1, 2009, the changes to the Americans with Disabilities Act (“ADA”) emphasized construing the definition of “disability” to provide broad coverage of individuals to the maximum extent permitted by the terms of the ADA. In other…

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ENDA — a bill banning LGBT workplace discrimination — passes the Senate

And it wasn’t close at all. By a final vote of 64-32, the Employment Non-Discrimination Act, also known as ENDA, passed the Senate on Thursday. All 52 Democrats, plus 2 Independents and 10 Republicans voted in favor of the bill. Among the notable yes votes was Pennsylvania Senator Pat Toomey…

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NJ votes to increase minimum wage to $8.25

On Election Day, NJ voters approved a constitutional amendment increasing the state’s minimum wage by $1, from $7.25 to $8.25. The new wage rate will take effect on January 1, and future increases will be tied to inflation. Governor Chris Christie, who was re-elected on Tuesday had opposed the increase,…

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No pants in the office leads to sexual harassment claims, you guys.

i·ro·ny (noun) /ˈīrənē,ˈiərnē/ 1. the expression of one’s meaning by using language that normally signifies the opposite, typically for humorous or emphatic effect. “The irony of this blog post is that I am typing it with no pants.” Look folks, in all seriousness ***waits patiently while you napalm your brains***,…

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Senate on the brink of approving bill to improve LGBT workplace rights

Earlier this week, I blogged about Senator Harry Reid (D-NV) promising that the Senate would take up the Employment Non-Discrimination Act. Yesterday, the Senate obtained enough support to put ENDA to a full vote. Every Senate Democrat agreed to press forward. And even some Republicans helped get the bill to…

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“My fake eye was falling out of its socket,” and 12 other wild missed-work excuses

Honestly, I was ready to call in sick and use “Bunkered in for the Apocalypse” as my excuse. I had no other explanation after Nick Foles passed for seven touchdowns yesterday. Seriously, weren’t you at least a bit concerned? Yep, CareerBuilder’s annual list of “Most Outrageous Excuses Workers Have Given When Calling…

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FACT OR FICTION: You can ban employees from consuming alcohol — even off the clock.

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.” If you operate a business in PA, NJ, DE or the USVI, then the answer is yes. This is true…