The Employer Handbook Blog

The Friday Four: Poop, Bombs, Poop-Bombs, and Wife Swapping

March 18, 2016 | by Eric B. Meyer

Imagine arriving at work in the morning to the red light indicator on your desk phone. So, you pick up the handset, punch in a few numbers, and are greeted with a voicemail from your President. She’d like you to ask the employment lawyer whether it’s “legal” to pose an ultimatum to two company managers: Stop cohabitating with each other’s spouse, or find another job.

Could something like that really happen? Of course, it could. Because, employment law.

Or maybe…

Can you force an employee to delete critical tweets about the company? NLRB says no.

March 17, 2016 | by Eric B. Meyer

Folks, it’s been a real crappy 2016 for Chipotle.

The DOL overtime rules changes go to final review. But, when might they take effect?

March 16, 2016 | by Eric B. Meyer

I know when the new Department of Labor overtime rules are going to take effect.

Well, I think I know…

HR101: It’s bad to withhold overtime pay until the employee submits to demands for sex

March 15, 2016 | by Eric B. Meyer

Call it a rule of reason. Or, maybe, it just doesn’t pass the smell test. We could even file this under “Just Sayin’.”

And, of course, it would fracture a few laws, among others, the Fair Labor Standards Act.

I see your EEOC Charge and raise you a defamation lawsuit

March 14, 2016 | by Eric B. Meyer

An even worse idea, my friends, is admitting that you ~~still drink Zima~~ filed a defamation lawsuit in response to an employee’s complaint to the EEOC.

Can a supervisor’s racist comments — after a firing — support a plaintiff’s bias claim?

March 11, 2016 | by Eric B. Meyer

What would happen if you punched your boss in the face?

Wait! Don’t answer that.

NY federal court concludes that Title VII does not prohibit anti-gay bias….yet.

March 10, 2016 | by Eric B. Meyer

Last week, the United States Equal Employment Opportunity Commission made headlines by filing its first lawsuits against private-sector businesses challenging sexual orientation discrimination as sex discrimination.

Meanwhile, yesterday, another federal court in Christiansen v. Omnicom Group, Inc. (opinion here) concluded just the opposite: sexual orientation discrimination is “reprehensible,” but does not violate Title VII of the Civil Rights Act of 1964.

You + Me @ SHRM Legislative Conference: What could possibly go wrong?

March 9, 2016 | by Eric B. Meyer

Don’t answer that.

Instead, picture this: A well-dressed guy saunters into the Washington Renaissance. Don’t worry, before next week, I’ll wash the stains out of my Metallica hoodie. Ok, Ratt hoodie. Ok, N’ Sync hoodie. Ok, N’ Sync sleeveless hoodie.

He’s cool(ish) and snarky; he’s got an employment law blog and a license to practice law. He’s even got an employment law practice, which some* may say is thriving.

GUEST POST: Workplace lessons for employers from Ke$ha and Dr. Luke

March 8, 2016 | by Eric B. Meyer

We have an extra-special guest blogger today. It’s my mentee, Meaghan Londergan. (Sorry, folks, all of The Karate Kid images were copyright protected). Sadly, I no longer work with Meaghan. But, in her defense, there’s only so much Meyer that a young impressionable associate can take. Since then, Meaghan’s been a real mover and shaker. Now, she’s a Partner at Freeman Mathis & Gary, LLP.

I also want to give a shout out to Meaghan’s law clerk Erika Mohr, a third-year law student at the Drexel University, Thomas R. Kline School of Law, graduating May 2016. If I taught Meaghan anything — Meaghan, did I teach you anything? Don’t answer that. — it’s to delegate responsibility, especially on law-related articles. So, let’s assume that Erika did all the heavy lifting on this guest post.

If you want to reach Meaghan, maybe hear some ~~blackmail~~ old Meyer war stories, you should connect with her on LinkedIn. Ditto for Erika, less the dirt. And if you want to guest blog on an employment-law topic at The Employer Handbook, email me.

HR 101: Temporary disabilities and the ADA

March 7, 2016 | by Eric B. Meyer

A temporary disability isn’t an Americans with Disabilities Act “disability;” except, when it is.