The Employer Handbook Blog

New federal bill would ban credit checks on employees and applicants

March 5, 2013 | by Eric B. Meyer

Yesterday, I discussed some pending federal legislation that would expand the FMLA to cover part-time employees. Now, I hear that another bill introduced in the U.S. House of Representatives, known as the Equal Employment for All Act, would amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions.

A copy of the Act and more details on employer credit checks after the jump…

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New federal bill would expand FMLA to cover part-time employees

March 4, 2013 | by Eric B. Meyer

Under the Family and Medical Leave Act (FMLA), employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.

Consequently, part-time employees generally do not qualify for FMLA leave because they do not meet the 1,250-hour requirement.

However, a new bill introduced last month in the U.S. House of Representatives would change that if signed into law. It’s called the Part-Time Worker Bill of Rights Act of 2013 and you can download a copy of it here.

How can the EEOC improve? Tweet your feedback with hashtag #QCP

March 1, 2013 | by Eric B. Meyer

Thumbnail image for EEOC.jpg

Earlier this month, the U.S. Equal Employment Opportunity Commission issued this press release in which it sought your feedback to improve its internal processes for investigating and conciliating charges of discrimination.

Well, the deadline is today.

Eek! Sorry, I ~~got distracted remastering goat remixes~~ should have reminded you earlier.

GUEST POST: The Budding Burden of BYOD – Legal Issues Abound

February 28, 2013 | by Eric B. Meyer

Today we have a guest blogger at The Employer Handbook. It’s Shannon Dorvall. Shannon is a practicing Los Angeles criminal attorney. She is a graduate of the University of Montana law school, and has argued cases in front of Ninth Circuit Court of Appeals and the Supreme Court. When she isn’t writing about law or actually practicing it, Shannon enjoys perfecting her cooking and catching up with a good book

(Want to guest blog at The Employer Handbook? Email me).

A new workplace social-networking privacy bill surfaces in Philly

February 27, 2013 | by Eric B. Meyer

Philadelphia may be poised now to follow in the footsteps of other states and municipalities that have passed similar laws to regulate what appears to be a non-existent problem.

I’ll lay it out for you after the jump…

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Repeatedly discussing your employee’s sex life with her is bad, you guys.

February 26, 2013 | by Eric B. Meyer

Duh, right?

Still, a federal appellate court recently reminded us (here) that, indeed, bad things happen when, every week for several months, a male supervisor tells his female subordinate that her husband is “not taking care of [her] in bed.”

Though not threatening, they were more than merely offensive. For a male to say to a female employee under his supervision that her husband was “not taking care of [her] in bed” is the sort of remark that can readily be found to be a solicitation for sexual relations coupled with a claim of sexual prowess and can just as readily be found to have been perceived as such by the female employee. The weekly repetition of such a remark over several weeks only served to reenforce its offensive meaning and to make sexual intimidation, ridicule, and insult a pervasive part of Desardouin’s workplace, effectively changing the terms and conditions of her employment….The allegations of repeated solicitation of sexual relations in a vulgar and humiliating manner suffice to warrant a trial.

Yahoo! has a new no-telecommuting rule. Here’s why it may be unlawful.

February 25, 2013 | by Eric B. Meyer

Over the weekend, I read this article from Kara Swisher on AllThingsD.com, in which she reports that Yahoo!, under its new leadership, will implement a no-telecommuting rule, effective June 1.

Ms. Swisher posted a copy of the internal Yahoo! memorandum to its employees, in which the company underscores the “critical” need to be at the office versus working form home where “speed and quality are often compromised.”

Sounds good in theory. But I have a little monkey-wrench.

@Eric_B_Meyer on DriveThruHR #dthr

February 22, 2013 | by Eric B. Meyer

Have you checked out DriveThruHR yet?

DriveThruHR is the baby of Bryan Wempen and William Tincup, a half-hour radio show on which these two HR leaders, along with a guest, discuss the latest trends, thoughts and sentiment within the industry.

Yesterday, I was on DriveThruHR, Human Resource’s #1 Daily Radio, talking social media and the workplace, Americans with Disabilities Act, hockey, and gettin’ freaky with the mashed potatoes. Yeah, that’s right. Hockey.

8 employee-handbook tips from Django Unchained. Yes, seriously.

February 21, 2013 | by Eric B. Meyer

My buds over at TLNT.com are running a series of movie-themed HR posts leading up to next week’s Oscar Awards.

Here is my submission. Enjoy!

Supreme Court to determine what “clothes” are under the FLSA.

February 20, 2013 | by Eric B. Meyer

With a title like that, this post could only arouse the interest of an employment lawyer.

But, all of y’all should pay attention.

Under the Fair Labor Standards Act, the period of time during which a covered employee must be paid begins when the worker engages in a principal activity. Putting on and taking off (or, in legalese, “donning and doffing”) protective clothing is considered a principal activity. However, the FLSA expressly provides that employees don’t get paid for time spent “changing clothes” if a union contract says so.