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The Employer Handbook Blog

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To minimize FMLA lawsuits, hire slow and fire fast (before the FMLA request)

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…

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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…

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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…

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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…

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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…

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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…

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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…