The Employer Handbook Blog

FREE WEBINAR and CLE: “Check-In: EEOC, DOL and NLRB Compliance—A Labor and Employment Law Roundtable” [June 6, 2018, 2-3 pm EDT]

May 23, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/webinar-conferencing-video-beverage-3199164/)

The session, entitled “Check-In: EEOC, DOL and NLRB Compliance—A Labor and Employment Law Roundtable,” features an all-star panel of lawyers* and will explore each federal agency’s current compliance environment, enforcement priorities, practical guidelines for navigating difficult compliance issues and best practices. Continue reading

Eric, can I get a simple breakdown of yesterday’s Supreme Court decision on class-action waivers?

May 22, 2018 | by Eric B. Meyer

By Photograph by Franz Jantzen, Collection of the Supreme Court of the United States [Public domain], via Wikimedia Commons

Sure, I can do that for you. Continue reading

Sorry, Busta Rhymes. You don’t get a “celebrity exception” for settling your wage-and-hour claim

May 21, 2018 | by Eric B. Meyer

By Mikamote [CC BY-SA 3.0], from Wikimedia Commons

Generally, if a wage and hour dispute arises in the workplace, the parties need approval from either the U.S. Department of Labor or a federal court to resolve claims under the Fair Labor Standards Act.

When parties agree to resolve these claims as part of litigation, two things often happen:

A court must approve the settlement; and
The settlement agreement becomes public; i.e., no confidentiality.

Recently, Trevor Tahiem Smith, Jr. and the other parties to an FLSA action requested that a New York federal court relax the publicity rules by creating a “celebrity exception.”

Oh, you don’t know Trevor Tahiem Smith, Jr.?

That’s Busta Rhymes!

Another court holds mistaken discrimination is unmistakably illegal

May 18, 2018 | by Eric B. Meyer

By Ethan [CC BY-SA 2.0], via Wikimedia Commons

Back when the WWE was the WWF, there was a tag team that were the heels of professional wrestling: The Iron Sheik and Nikolai Volkoff.

Goddammit! Like three-quarters of you have already clicked away.

The rest of you, stick with me, I’m building to a crescendo.
Continue reading

Fore-get it! Court slices plaintiff’s FMLA claim based on Facebook pics of him at a golf course

May 17, 2018 | by Eric B. Meyer

Santeri Viinamäki [CC BY-SA 4.0], from Wikimedia Commons

Although, the Facebook photo of the plaintiff captioned “Tubing the Rifle River” didn’t help his chances either.

Neither did lying about sleeping at work despite photographic evidence to the contrary.

Filed under: “WTH Dude!”

What does the ADA say about employees who use prescription drugs to treat drug addiction?

May 16, 2018 | by Eric B. Meyer

By Soberconnections [CC BY-SA 4.0], from Wikimedia Commons

Folks, I’m warning you, this is a tough one. Continue reading

I wonder how many burritos a former Chipotle GM accused of stealing $626 can buy with her $7.97 million jury award

May 15, 2018 | by Eric B. Meyer

Mikebay1968 at English Wikipedia [CC BY-SA 3.0 or GFDL], from Wikimedia Commons

Spoiler alert: A lot.

Yep, last Thursday, a California jury awarded $7.97 million to a woman who claimed that he employer fired her in retaliation for claiming workers’ compensation benefits.

And even though the case settled on Monday, while you were getting your blockchain on, I think that the plaintiff can spring for extra guac…for all of us. Continue reading

What HR needs to know about blockchain. Or, put another way, HR needs to know about blockchain.

May 14, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/blockchain-block-chain-technology-3019120/)

You’ve heard of the blockchain, right?

But, if I asked you to explain it to me, half you would say, “Yeah, dude. Bitcoin.” The other half, well, I’m thinking I’d get something like this…

Don’t worry.

In this post, I’m going to turn you into a blockchain expert. Or, at least expert enough to hold a blockchain conversation during a 30-second elevator ride.

Heck, I’ll even share some HR applications to make you the envy of all your friends at the next local SHRM Chapter meeting. Continue reading

I’m gonna throw a little employment law at this Matt Patricia – Detroit Lions Sexual Assault saga

May 11, 2018 | by Eric B. Meyer

By Governor Tom Wolf from Harrisburg, PA [CC BY 2.0], via Wikimedia Commons

On February 5, 2018, the Detroit Lions named former New England Patriots Defensive Coordinator Matt Patricia as the team’s new Head Coach.

Maybe, Lions ownership missed Super Bowl LII and the 41 points that the Philadelphia Eagles dropped on Mr. Patricia’s garbage Patriots defense.

Oh, sorry.

The Philadelphia Eagles Super Bowl LII victory over the New England Patriots, which gave the Eagles one more Super Bowl win (1) than the Dallas Cowboys have total playoff wins in the last 20 years (0), is not the point of this post.

The point is that, on Wednesday, Robert Snell of the Detroit News reported (here) that Mr. Patricia was indicted for aggravated sexual assault in 1996, something missed in the Lions background check.

And the real question is… Continue reading

Do transgender employees have ADA rights also? “Well, it depends,” said the lawyer.

May 10, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/women-men-people-human-gender-149577/)

When you think about lawsuits involving transgender employees and issues of gender identity, most assume that those claims would be asserted as sex discrimination claims. Often, those cases involve allegations of sex stereotyping. Continue reading