In the world of Human Resources, “hire slow, fire fast” generally holds true to avoid just about any lawsuit. Unfortunately, for one NJ employer, it didn’t get the memo. And now it finds itself having to defend against FMLA interference and retaliation claims at trial. What did this employer do…
The Employer Handbook Blog
Retaliatory voodoo, Courtney Love, and lots of unpaid $$$
Sounds like a bad batch of Pennyroyal Tea. Just another Tuesday here at the ole Handbook. <div style=”text-align: right;”>The San Francisco Chronicle is reporting here that Courtney Love, Kurt Cobain’s widow, is reuniting the band ** thank you for sparing our ear holes ** being sued by a former assistant…
Breaking stupid: A hella-dumb Facebook invasion-of-privacy claim
From the state that just loves our sloppy seconds — out-of-work wide receiver who cries about a fumbling quarterback say, “What. It’s unfair. That’s my quarterback.” — comes this case about a Facebooking emergency medical technician from Texas. To protect the innocent — in the event that you’ve yet to click on…
TIP: Remind your employees to update Facebook privacy settings
A website called WeKnowWhatYoureDoing.com, which describes itself as a “social networking privacy experiment,” has begun compiling publicly available Facebook status updates from your employees, which fall into one of four categories: “Who wants to get fired?” “Who’s hungover” “Who’s taking drugs” “Who’s got a new phone number?” Although the content…
PA to require public-works contractors & subcontractors to use E-Verify
Last week, Governor Tom Corbett (R) signed the Public Works Employment Verification Act. The Act goes into effect on January 1, 2013, and will require contractors and subcontractors on PA public-works projects to confirm the employment eligibility of newly hired workers using the federal E-Verify program. E-Verify is a free…
It’s tough to prove age bias after getting caught sleeping on the job
I was reading this Third Circuit decision yesterday about an employee who got demoted for sleeping on the job, and all I could think of was Homer Simpson. For not unlike Homer J., a nuclear safety technician, this employee was responsible for monitoring his plant’s equipment to prevent malfunctions that could…
HR 101: Don’t suggest “No More Hysterectomies” to a woman on FMLA
In my years of practicing employment law, I’ve drafted several employee handbooks and Family and Medical Leave Act (FMLA) policies for employers. The policies I draft are thorough. But just the other week, it occurred to me that I should probably add some language to the effect that supervisors should…
U.S. Department of Labor has a new FMLA guide and webinar
Late last year, the US Department of Labor issued this fact sheet, which provides general information concerning the Family and Medical Leave Act’s (FMLA) prohibition of retaliating against an individual for exercising his or her rights or participating in matters protected under the FMLA. Last month, the DOL followed up…
NJ reaffirms that officers may be personally liable for unpaid wages
Want another reason not to enter into a long-term contract with an employee? Click through… * * * Most employment arrangements in the United States are at-will. That is, the employee may be fired (or may quit) at any time for any reason. Conversely, a term employment agreement is for…
Pennsylvania to relax OT requirements for hospitals
Last week, Pennsylvania’s Governor, Tom Corbett was presented with this bill that will allow hospitals and other medical care facilities in Pennsylvania to better control the scheduling of employees to control payment of overtime. Details after the jump… * * * The bill, which Gov. Corbett is expected to…