Sorry for the late post gang. Rough night last night. Today, I’m punting the ball over to my blogging buddy Phil Miles at Lawffice Space who has the scoop on a new age-discrimination matter that the Supreme Court has agreed to address. You can read Phil’s post here.
The Employer Handbook Blog
Is rejecting a sexual advance, without reporting it, protected activity?
Of all employment claims presented to the Equal Employment Opportunity Commission, retaliation numero uno. It’s been that way since 2010. There are three essential elements of a retaliation claim: (1) protected activity — opposition to discrimination or participation in the statutory complaint process; (2) adverse action; and (3) causal connection…
That’s what he said: The infamous Eagle v. Morgan LinkedIn case is ovah!
On March 12, a federal court in PA resolved the first HUGE LinkedIn account dispute case involving an employee and former employer. I’ve written about out it a few times previously. (Here, here,and here). The latest decision is involved. And rather than pontificate — too many syllables — I’ll defer…
GUEST POST: A guide to creating a comfortable workplace
Today we have a guest blogger at The Employer Handbook. It’s Peter Ames. Peter Ames writes this piece on behalf of Office Genie, a desk and office space market place in the United Kingdom (Want to guest blog at The Employer Handbook? Email me). As an employer, it is essential…
NLRB to ask Supreme Court to review its latest recess appointments
Back in late January, a federal appellate court ruled that President Obama lacked the power to make three recess appointments last year to the National Labor Relations Board. More on that here. In this press release issued yesterday, the NLRB announced that would seek Supreme Court review. Quoted below is…
100% pure settlement offer? If not, it may be ADMISSIBLE … AT … TRIAL!
Most parties (and their attorneys) expect that settlement communications are not admissible at trial. There’s even a federal rule of evidence on this subject. However, a federal court recently recognized an exception. But, with all due respect to the United States District Court for the District of New Jersey, the…
An EEOC complaint is not your free pass to goof off at work
Or sexually harass your co-workers. Unless, of course, you consider my working Hollywood manuscript: “An EEOC Complaint Is Your Free Pass to Sexually Harass.” I know, the title needs work, but with C. Thomas Howell, Tawny Kitaen real star power and a producer. ** Immediately regrets sixth shot of Drambuie with breakfast…
New FMLA requirements on posters and notices start today
“Damn you, Department of Labor! It’s 12:00:01 on March 8, 2013. I keep refreshing this stupid site and nothing is happening! I NEED FORMS!!!!” — Absolutely no one in HR. Actually, the forms have been available for some time now, slacker. Forms WH-380-E Certification of Health Care Provider for Employee’s…
In 77 tweets, what employers can learn about EEOC enforcement #EEOCHR
I had two topics on the brain to blog about: Whether, under the Americans with Disabilities Act, being on time is an essential function of the job. Fortunately, Daniel Schwartz addressed that yesterday here at the Connecticut Employment Law Blog. As a follow-up to yesterday’s wage-and-hour / Daylight Savings Time…
CHEATSHEET: How to pay employees for Daylight Savings Time work
This Sunday, Daylight Savings Time begins, as we push the clocks forward one hour at 2:00 AM on March 10, 2013. Did someone say Clocks? How does the time change affect the manner in which you pay hourly non-exempt employees who work the graveyard shift? I’ll let the Department…