Every so often, I get a call from an employee. The call goes something like this: “I need an employment lawyer. Are you an employment lawyer?” “Yes.” “Good. Because I am dealing with a hostile work environment.” “Well, I generally only represent employers. So—” “— But, my hostile work environment…
The Employer Handbook Blog
Yo 11: Nevada now has a social media workplace privacy law too
Who would’ve guessed that, in June 2013, we’d have 11 states with social media privacy laws. I mean what are the odds? That’d be like Kanye West and Kim Kardashian deciding to name their baby daughter ‘North West’. Now, if you’ll excuse me, I need to check why my Twitter…
Paula Deen didn’t exactly deny those allegations of race discrimination
DISCLAIMER: Since I’m getting the fodder for my post from RadarOnline (via the National Enquirer), consider the sources, and remember that what you are about to read are allegations. Plus, Ms. Deen’s team subsequently told Entertainment Tonight that Ms. Deen does not condone or find the use of racial epithets…
28 ways to avoid breaking the law when hiring summer interns
It’s that time of year. You’re hiring summer interns and I’m shaving a spoked B into my playoff beard looking for an excuse to recycle my six keys to keeping unpaid internships from becoming a hot wage & hour mess. See what I just did there? Oh, you saw…
The ADA way to require psych counseling for an employee
The Americans with Disabilities Act (ADA) limits when an employer can require an employee to take a medical examination. Specifically, the ADA forbids employers from requiring medical exams (and cannot otherwise inquire into the nature or severity of a disability) unless the exam or inquiry is shown to be “job-related…
Grab-ass in the workplace may be sexual harassment, you guys
Biting the staff doesn’t help either; even if it doesn’t leave a mark. You see, I couldn’t make this stuff up if I tried.
Can height be a disability under the Americans with Disabilities Act?
Barbara Joy McElmurry worked for the Arizona Department of Agriculture. In a Complaint she filed in federal court, she alleged that her supervisor forced her into a field work position in which she would not be able to drive vehicles because she was too short (4’10”). So, McElmurry asserted a…
The most cockamamie excuse evah for firing a pregnant employee
When it comes to reasons for firing employees, I’ve heard some good ones in my day — and by good, I mean legitimate. Conversely, the excuse I just read in the Seventh Circuit’s opinion in Hitchcock v. Angel Corps., Inc., a case involving a pregnancy discrimination claim, may be the worst.…
#SHRM13 ROLL CALL!!!
We are less than a week from the start of the SHRM Annual Conference & Exposition, which kicks off in Chicago on Sunday, June 16. I will roll into town on Monday. My plan is to hit the House of Blues that night for The Official #SHRM13 TweetUp & Afterparty.…
Does firing a law firm associate for discussing wages violate federal labor law?
There’s not a whole lot that we have in common. I’m more erudite (you know, the blog thing), better looking, and more arrogant confident. Given our differences, what I’m about to say may come as a surprise: when I was a associate attorney, I discussed salaries with other associates. (I’ll…