The Employer Handbook Blog

No, a late request for a workplace accommodation doesn’t excuse prior performance issues

October 1, 2019 | by Eric B. Meyer

Image Credit: Photofunia.com (https://photofunia.com/results/5d92b3c0089f7a3a938b457d)

Often, when I present at HR events on reasonable accommodations under the Americans with Disabilities Act, I’m asked about how to deal with disciplining employees who wait until after the performance issues arise and the progressive discipline follows to request an accommodation.

Specifically, do you have to excuse prior performance issues that may have been disability-related? The answer was no.

And based on this federal court opinion I read recently, the answer is still no. Continue reading

Because even Al Capone had to pay his taxes on illicit income

September 30, 2019 | by Eric B. Meyer

Image by CMElixirs from Pixabay

Let’s assume that you run a business that may operate illegally under federal law. Continue reading

When is a hostile work environment not a hostile work environment?

September 27, 2019 | by Eric B. Meyer

Image Credit: Photofunia.com (https://photofunia.com/results/5d8ded1e089f7aab308b457c)

(Eric, have you been drinking Peach Schnapps again?) Continue reading

Let’s have date, you and I. Actually, how about two?

September 26, 2019 | by Eric B. Meyer

Photo via Good Free Photos

Please don’t tell my wife. Continue reading

The DOL final overtime rule is out today. Here is what employers need to know now.

September 25, 2019 | by Eric B. Meyer

2018-alarm-clock-balance-612051-1024x1024

Image Credit: Pexels.com (https://www.pexels.com/photo/2018-alarm-clock-balance-business-612051/)

Yesterday, the U.S. Department of Labor announced here that it will issue a final overtime rule today. Most notably, the DOL is updating the earnings thresholds necessary to exempt executive, administrative and professional employees (EAPs) from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements.

Below, I’ll address that new salary level and just about everything else that employers need to know about this new rule: Continue reading

Court slices FMLA retaliation claim of employee caught golfing while on leave

September 24, 2019 | by Eric B. Meyer

By Shane Smith, CC BY-SA 3.0, Link

An employee with severe shoulder pain sought and received from his employer leave under the Family and Medical Leave Act. The employer notified the employee that the leave was limited to up to four medical appointments per year and for monthly flare-ups lasting up to three days per episode.

Then, things got curious.
Continue reading

The House just delivered a big blow to employment arbitration agreements.

September 23, 2019 | by Eric B. Meyer

Image Credit: Photofunia.com

It’s called the FAIR Act, which stands for the Forced Arbitration Injustice Repeal Act. The FAIR Act would amend the Federal Arbitration Act to prohibit a pre-dispute arbitration agreement from being valid or enforceable if it requires arbitration of an employment, consumer, antitrust, or civil rights dispute. Continue reading

Sometimes, it doesn’t take a law degree to know that an employer may have really screwed something up.

September 20, 2019 | by Eric B. Meyer

Image Credit: Publicdomainfiles.com (http://www.publicdomainfiles.com/show_file.php?id=13929356417087)

I can often draw upon my years of experience as an employment lawyer to predict from reading the first paragraph of a federal court opinion how the court is going to decide the discrimination claim before it. Continue reading

If one of your employees wears this to work, tell that person to GTHO!

September 19, 2019 | by Eric B. Meyer

Screenshot-of-Bstroy-on-Instagram-1024x331

Image Credit: @bstroy.us on Instagram (https://www.instagram.com/bstroy.us/)

On Monday, I blogged (here) about a manager who commented on the hands of a female employee who had suffered severe nerve damages to them after a car accident. He called her hands “disgusting.”

It didn’t end well for the employer. Continue reading

Her resignation letter described a “great experience” at work. Then she sued for hostile-environment constructive discharge.

September 18, 2019 | by Eric B. Meyer

Fred the Oyster [Public domain], via Wikimedia Commons

One of the first hits when you Google ‘resignation letter’ is this career advice from Monster. The job board offers some tips for crafting a letter of resignation, among them: a statement of intent that you will be leaving your job, the date of your last day on the job, and your contact info. One of the optional items Monster suggests including is a highlight of your time there.

Monster’s advice is pretty spot on. Except, that is, when the individual later decides to assert claims of hostile work environment and constructive discharge.

Because, as you’ll find out in this post, nothing undermines those claims like a thoughtful resignation letter. Continue reading