Human Resources Policies

4 new employment-law bills now pending in Congress

March 19, 2012 | by Eric B. Meyer

Below are summaries of four pieces of legislation of which employers should take note:

Protecting Older Workers Against Discrimination Act. Senator Tom Harkin (IA-D) introduced this bill last week. It would overturn the U.S. Supreme Court’s decision in Gross v. FBL Financial Services, Inc. and lower the burden of proof for employees to prove age discrimination claims.

National Right to Work Act. Senator Jim DeMint (SC-R) has introduced this bill to “preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities.”

Want to keep your job? Don’t do this if you’re bored at work…

February 24, 2012 | by Eric B. Meyer

Some folks — not you and me, but some folks — can watch porn at work and not get in trouble; they work in the porn industry.

When you’re an employee of the courts — a courtroom clerk, to be precise — it’s frowned upon.

Oh, you’ll never guess what happens next. Well, maybe you can. See how right you are after the jump. Fair warning, however, this is one my less tasteful posts. And that’s saying something…

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The so-called “privacy” of employee emails

February 6, 2012 | by Eric B. Meyer

Humblebrag alert.

Reporters call me all the time. It’s a wonder that I can get any work done.

Why, just last week, I was speaking to a reporter about an action recently initiated by current and former employees of the FDA, alleging that the agency unlawfully monitored their private emails. During our discussion, I mentioned another case — this one called Stengart v. Loving Care Agency — in which the NJ Supreme Court held that an employee who emails her attorney from a company computer may have a reasonable expectation of privacy in those emails provided that the employee uses a password-protected web-based email account.

Ah, serendipity! The following day, I read about another case decided last week in which the NJ Superior Court reaffirmed that many employee emails are not private. More on this case and a best practice for employers after the jump…

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72 ways to prevent an office party from creating an HR hangover

December 1, 2011 | by Eric B. Meyer

If you read this blog, then I trust you read other HR/Employment-law-related blogs. And, if you do that, prepare for a December-deluge of “Ten Tips for a Safe, Fun, and Legal Holiday Party.”

Screw all that! Ten tips is so last year.

*** Big dork say “what” ***

“What! What!” After the jump, I’ve collected 72 ways to hold an office holiday party that won’t interfere with you ending the year on an HR high-note…

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Employer lessons from Penn State (Hint: ignorance is not bliss)

November 9, 2011 | by Eric B. Meyer

This Jerry Sandusky situation is blood curdling. I won’t rehash the facts. But in case you’ve been living under a rock for the past few days, you can read about them here.

I am not going to comment on Penn State’s moral compass. Rather, as a labor-and-employment-law attorney, I see plenty of lessons for employers. Let’s just focus on three simple ones:

Take complaints seriously. Always. Fortunately, most employers do. Those who don’t appear to condone the behavior.

Paid-sick leave may become a requirement in Philly after all

October 18, 2011 | by Eric B. Meyer

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 a-becoming quite different. Right Connecticut and Seattle?

16 best practices for conquering the next natural disaster

August 24, 2011 | by Eric B. Meyer

Raise your hand if your east-coast business was prepared for yesterday’s earthquake.

After the jump, I’ll tell you why you may not have been ready and offer your business 16 ways to prepare for when the next disaster strikes.

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New federal bill would greater protect breastfeeding employees

August 8, 2011 | by Eric B. Meyer

Rep. Carolyn Maloney [D-NY14] is at it again.

A sponsor of a bill that would greatly expand the scope and reach of the FMLA, Rep. Maloney has co-sponsored another bill, the Breastfeeding Promotion Act of 2011, which would amend both the Fair Labor Standards Act and Title VII of the Civil Rights Act of 1964 to protect breastfeeding by nursing new mothers.

Under the Pregnancy Discrimination Act, which is part of Title VII, it is already illegal to discriminate in the workplace “because of sex” or “on the basis of sex,” which includes, but is not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions. The Breastfeeding Promotion Act of 2011 would amend Title VII to explicitly include “lactation.”

Job candidate bolts from a drug test; sues for disability bias

July 8, 2011 | by Eric B. Meyer

Stop me if you’ve heard this one before:

Job candidate is told that any job offer is contingent upon passing a drug test.

On d-day, job candidate bolts from the drug-testing facility, claiming that he has trouble in confined spaces.

No drug test means that job candidate is disqualified from the position.

Job candidate sues claiming a violation of the Americans with Disabilities Act for failure to accommodate.

Folks, I couldn’t make this stuff up if I tried. Just another day in the life of an employment lawyer.

After you hit the jump, you’ll find out whether the job candidate prevailed…

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An employer blueprint for how to screw up at-will employment

July 1, 2011 | by Eric B. Meyer

In most states, absent a contract of employment, an employee is considered at-will (i.e., he or she can be fired for any reason or no reason at all). Many employers reinforce — in very prominent locations in employee handbooks — that their employees are at-will.

What happens, however, when an employer later promises an employee that she can take 12 months of leave and then return to her job?

Can the employer later renege and rely upon the at-will employment doctrine as a basis not to reinstate? Or is the employer SOL? Find out, after the jump…

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