Courts have blessed written agreements between employer and employee to submit federal discrimination claims to arbitration. Here is an example. But, there’s legal and then there’s doing right. After the jump, how one employer got it wrong. Very wrong. Plus, what you can do to make sure that your business…
From the sublime to the ridiculous, the NY Daily News reports here that a 60-year-old musician suing for age discrimination claims that the presiding 88-year-old Manhattan judge is too old to hear the case. According to the NY Daily News story, the plaintiff, who was representing himself before his case…
CareerBuilder.com just released its annual list of most unusual excuses for calling in sick. “Lost track of time browsing https://www.theemployerhandbook.com” didn’t make the list. (Probably because it’s sooooooo commonplace). “Siri Assistant, what is the greatest labor-and-employment-law blog of them all?” “I found three stores in your area that sell Altoids.” After…
To prove sexual harassment, a plaintiff must have been subjected to pervasive or severe behavior that would make the plaintiff (and a reasonable person in the plaintiff’s shoes) believe that the working environment are hostile or abusive. Wait, I’m forgetting something. Oh yeah, the complained-of conduct must only be…
Back in June, I discussed here how the EEOC was discussing the use of leave from work as a reasonable accommodation under the ADA. The question I asked back then was how much leave is reasonable? When is enough, enough? Well, I can tell you now — and I suppose I…
The Family and Medical Leave Act affords eligible employees up to 12 weeks of unpaid leave during any 12-month period because of a serious health condition that makes the employee unable to perform his/her job. Let’s say that you have an employee who requests FMLA for a medical procedure that…
One of my favorite bloggers, Jon Hyman, was just saying recently that social media and privacy cannot coexist. Even on their own time — out of the office — what employees say and do online can have an impact on the workplace. Teachers are prime examples. After the jump, yet…
On June 29, The Employer Handbook reported here that Philadelphia Mayor Michael Nutter vetoed the “Promoting Healthy Families and Workplaces” bill. This bill would have required businesses to provide paid sick leave to employees who work a minimum number of hours in Philadelphia County. Ah, but the times, they are…
Last week, Rep. Lynn Woolsey (D-CA) reintroduced the Domestic Violence Leave Act, which expands paid leave options for victims of domestic abuse, sexual assault, or stalking. Details on the pending legislation and what it would mean for employers if it passes after the jump… * * * Details of the…
I get 15 16 minutes of fame. Earlier this week, one of my readers forwarded an email to me reminding me about the young woman above who, last year, in a series of 34 pictures, told her employer to take her job and shove it. Nice! Although I’m not…