The slow death of the 9-5 workday, together with the arrival of the new FLSA overtime rules, which do into effect on December 1, could create one of the bigger wage-and-hour pitfalls for employers in 2017 and beyond.
About a year ago, I had a post entitled, The “E” in E-Mail stands for Exhibit. As in Exhibit A. Here’s a snippet:
As part of my respect-in-the-workplace training, I tell employees and managers that bad e-mails are like dirty diapers: they stink and they never go away.
Yeah, about that…
Its seems likes ages ago that I blogged about a Seventh Circuit decision, where the appellate court held that an employment-arbitration agreement with a class-action waiver violates the National Labor Relations Act.
Uh, Eric, it was Tuesday.
***stabs inner voice with a Q-Tip***
Yesterday, the U.S. Equal Employment Opportunity Commission announced here that it had issued issued final rules on how the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act apply to employer-sponsored wellness programs.
So, what do y’all need to know about the EEOC’s new rules on employer wellness programs?
(No one ever accused me of burying the lede)
Pennsylvania is about to become the second Commonwealth in the United States to legalize medical marijuana. (23 states — la di da, states — plus DC currently allow it)
Does this mean that employees with migraines can puff vape pens and eat Cheetos in your break rooms at work? Actually, I’m pretty sure that’s not how it works.
Right around the time that email subscribers to this blog — you can become one too, you know — receive today’s post, I’ll be sitting on an “Ask the Expert” legal panel at the Lehigh Valley Chapter of SHRM saying lawyerly stuff like…
“It depends.” and “I’ll get back to you on that.” and “Are you serious? Or just asking for a friend.“
One of the questions I know that we’ll get is about employee handbook acknowledgments. Specifically, what should they look like?
Fortunately for me, my cell phone is locked. And, the most salacious contents are in a Dropbox full of employment-discrimination cases. Yes, I own the dorkiest cell phone ever. Don’t judge.
Panthers. Broncos. Meh.
Doritos won the Super Bowl, amirite?
But, for the 10% of your workforce that may be missing work today, you’ll have to wait until tomorrow to get their opinions on the Super Bowl commercials. Many of those employees told you in advance that today would be a day off. But, what will you do about the others who don’t show up for work?
I’ve blogged (here) that grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination.
I’ve blogged before (here) that the Americans with Disabilities Act does not protect illegal drug use by employees. So, if the illegal drug use, and not the disability, motivates a company to fire an employee, that’s perfectly legal.
Back when the Lamborghini Countach poster was in your bedroom, spinach and artichoke dip was on the menu, and it was hip to be square, this image would have been fitting for this blog — what’s a blog?!?! — post.
Yes, there was a time when a secret recording in the workplace implied an expectation of privacy in whatever conversation was recorded. But, now, everyone has a smartphone and, with a few quick thumb taps, an easy way to audio or video record anything and everything.
So, who among us has a reasonable expectation of privacy at work?
According to the National Labor Relations Board, practically no one who works for the company.
The Employer Handbook Blog