The surprise will quickly disappear once I share the facts from this recent Third Circuit decision. The plaintiff was a patient representative with a local hospital. On January 3, 2014, he reported to work amid a snowstorm. After his shift ended, the plaintiff slipped and fell while searching for a…
The Employer Handbook Blog
New Jersey finally offers clear guidance on cannabis testing to local employers. And by “clear,” I mean “hazy.”
Like saying, “It depends,” you can count on a lawyer blogging about cannabis and employment law to drop a marijuana pun in the title of the post. Legal recreational cannabis and its impact at work. In early 2021, New Jersey legalized recreational marijuana for adults 21 and older when Governor…
If you’re new to HR, check out this new EEOC pregnancy and pregnancy-related disability discrimination resource
Credit: Office of Commissioner Andrea R. Lucas Late last week, as I enjoyed the FisherBroyles partner retreat (responsibly-ish) in Nashville, the U.S. Equal Employment Opportunity Commission released a new resource on pregnancy discrimination. Spoiler alert: The Dallas Cowboys won’t make the playoffs this season resource doesn’t contain any game-changing new…
The customer isn’t always right — especially when they are OUTRIGHT RACIST!!!
Jerk employees are responsible for creating most of the hostile work environment claims I get hired to defend. But companies must act quickly to prevent workplace discrimination, regardless of the source. A new lawsuit that the U.S. Equal Employment Opportunity Commission just filed serves as a good reminder for employers.…
The joint-employer rules are changing again at the National Labor Relations Board
Selfishly, a professional perk of a changing White House administration is the business that follows from counseling clients on the new rules when administrative agencies change their rules. For example, as a holdover from the Trump Administration, the Republican majority at the National Labor Relations Board implemented a new joint-employer rule.…
If hiring managers say they are looking for “new blood,” are they guilty of age discrimination?
An HR employee claimed that her age motivated her employer’s decision not to select her for a Human Resources Talent Consultant (HRTC) position after the company restructured the HR Department. Why? Because decision-makers allegedly said on a conference call that they were looking for “fresh new blood” to fill the…
Warning: This post will be like nerd porn for statutory construction geeks. The rest of you may glaze over.
I read a recent Sixth Circuit decision. A physician group fired the plaintiff, a nurse, months after she suffered an accident. The group’s subsequent bankruptcy impeded the plaintiff’s efforts to hold it liable for employment discrimination under the Americans with Disabilities Act of 1990 (ADA). Did that stop her from…
Four wage-and-hour mistakes cost a company well over $100K. Here’s how you can avoid them.
Earlier this month, the U.S. Department of Labor announced that an investigation into a Japanese restaurant had uncovered violations of federal wage and hour laws, resulting in 75 servers, sushi, and hibachi chefs not receiving all of their legally earned wages. The final bill was $171,834. That’s a lot of…
Here’s what happens when your managers don’t follow your written call-out policies
Under the Family and Medical Leave Act, an employer can insist that employees comply with the company’s “usual and customary” absentee notice procedures. Often those call-out procedures are part of written leave and attendance policies. But, as one company found out the hard way, “usual and customary” absentee notice can…
Crikey! Can an employee bring an emotional support alligator to work? 🐊
The local and national news outlets were buzzing yesterday about a family toting around a five-foot reptile in Philadelphia’s Love Park last week. Meet Wally, the Emotional Support Alligator. Imagine encountering this beast on your afternoon stroll out with the family. This report from the Philly Voice included reactions from some…