Worst. Pun. Ever. In some states, employees who become victims of domestic violence, or whose family members are victims of domestic violence, are entitled to take a short unpaid leave from work. In one state, companies need to be aware of possible legislation that would require them to afford time…
The Employer Handbook Blog
What’s new on the interwebs in HR and employment law?
I hope you enjoyed yesterday’s Simpsons post. I had a blast writing it but, damn, it sapped the life out of me. So, after the jump, I’m sending you out into the blogosphere for your daily dose of employment law and HR news… * * * Make sure to…
Can Homer Simpson sue Mr. Burns for disability bias, and win?
In yesterday’s post, we looked at whether a morbidly-obese employee is protected under the Americans with Disabilities Act. Today, let’s apply yesterday’s discussion to a “real-world” example. Is Homer Simpson disabled? And is the Springfield Nuclear Power Plant legally obligated to offer him a reasonable accommodation? The answers after the…
Is morbid obesity a disability under federal employment law?
Recently, the EEOC sued a Texas company, alleging that the company engaged in disability discrimination, in violation of the Americans with Disabilities Act, when it fired a 680-pound worker because he was morbidly obese. Is that right? Can being overweight be considered a “disability” under federal law? And, if…
A little ambiguity creates a BIG retaliation headache for employers
Retaliation claims have become the leading cause of action for employees. In fiscal year 2010, retaliation charges filed with the EEOC nationwide accounted for 36.3% of all filings, at 36,258. There are three essential elements of a retaliation claim: Employee Protected Activity – opposition to discrimination or participation in the…
Get answers to your social media and hiring questions
Maybe it’s that good feeling I still have after eating some hella-good spicy fried chicken at Bolton’s Spicy Chicken & Fish in Nashville, TN last night. Oh no, wait, that’s heartburn. In any event, I’m feeling generous. I feel like giving back some of the love. Later today, I…
NLRB puts the temporary kibosh on its mandatory union-rights poster
The National Labor Relations Board announced yesterday afternoon that it has pushed back its deadline for covered employers to post this notice, advising employees how to form a union, among other things. More details, including the new deadline, after the jump… * * * https://www.youtube.com/watch?v=mIjZE4kcg_Q The NLRB announced in this press release that the new posting deadline is…
Employee drug testing and bashful bladders; it’s a wicked pissah!
Your business drug tests job applicants as a condition of employment. What would happen if a male applicant refused to take a urine test because he claimed that he had paruresis, otherwise known as “shy bladder syndrome” or “bashful bladder syndrome”? Would you have to accommodate the applicant with a different…
Ever wondered what professional athletes are allowed to tweet?
The other day, I came across this great article on ESPN.com, which outlines all of the social-media policies currently in effect for several sports leagues worldwide. What struck me most is that several organizations, including the NCAA, have no social-media policies for their athletes. And at the other end of…
Pyrrhic Victory: Judge ok’s firing for Facebook post, but…
Last week, a National Labor Relations Board Administrative Law Judge (ALJ) ruled, for the first time, that an employer could legally fire an employee based on Facebook activity. In Karl Knauz Motors, Inc. d/b/a Knauz BMW and Robert Becker, the ALJ okayed a BMW dealership firing an employee who…