The Employer Handbook Blog

FMLA may require you to adjust employee performance standards

August 24, 2012 | by Eric B. Meyer

I’m back, jack.

And I have some hella-tough shoes to fill, following Janette Levey Frisch‘s killer two-part guest-blogger series on the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act. You can find Part One here and Part Two here.

So, we all know by now that if a disabled employee requests that his employer afford him a reasonable accommodation to allow the employee to perform the essential functions of his position, the employer must do so (assuming a reasonable accommodation exists). That’s ADA 101.

GUEST POST: FMLA & ADA: Never the twain shall meet? (Part II)

August 23, 2012 | by Eric B. Meyer

Today, Janette Levey Frisch is back as guest blogger to wrap up her two-part series on the interplay between the between the Americans with Disabilities Act and the Family and Medical Leave Act. (You can read Part One here).

Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation and support to a staffing company with five subsidiaries throughout the East Coast. You can connect with Janette on Twitter here and on LinkedIn here.

Click through to read more about how the FMLA and ADA may cross paths in your workplace….

(And if this awesome two-part series inspires you to want to guest blog at The Employer Handbook? Email me.)

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GUEST POST: FMLA & ADA: Never the twain shall meet? (Part I)

August 22, 2012 | by Eric B. Meyer

Today we have a guest blogger at The Employer Handbook. It’s Janette Levey Frisch. Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation and support to a staffing company with five subsidiaries throughout the East Coast. You can connect with Janette on Twitter here and on LinkedIn here.

Part one of Janette’s post on the interplay between the Americans with Disabilities Act and the Family and Medical Leave Act, an HR-compliance must-read, follows after the jump…

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

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Pierce Cameron Meyer

August 21, 2012 | by Eric B. Meyer

We interrupt this labor & employment law blog for an important announcement…

It’s got a nice ring to it…

D-I-S-M-I-S-S-E-D! Court punts Playboy-posing cheerleader’s bias claims.

August 17, 2012 | by Eric B. Meyer

[If you listen carefully, you can actually hear the sound of page-hits and prurient reader interest cascading at The Employer Handbook. It’s got a little funky Salt n’ Pepa beat to it…]

Last May, I ~~slobbered over~~ blogged here about a former Indianapolis Colts’ cheerleader who sued the team claiming that the Colts discriminated against her on the basis of her race (Asian) and national origin (Indonesian).

Earlier this week, the court ruled on the Colts’ motion to dispose of the case. While I think we can all agree that this sort of hard-hitting blog fodder is better suited for a Monday post, I’m going to blog the heck out of the Court’s decision…after the jump. (It’s a long post, but it’s soooooo worth it).

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Horseshoes, hand grenades and….FMLA eligibility?

August 16, 2012 | by Eric B. Meyer

And here I thought close only counted in the first two…

Who knew that close enough is good enough under the Family and Medical Leave Act (FMLA) when meeting the 1,250-hour eligibility requirement? Apparently, the Second Circuit Court of Appeals in this recent decision. I’ll break it down and provide some related FMLA best practices after the jump…

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Employer wins lawsuit despite a “pattern of systematic sexual harassment”

August 15, 2012 | by Eric B. Meyer

In Mann v. Staples, Inc., a female employee received unwelcome comments about her appearance and physique, was kissed and groped, and called a “skank ass bitch.” The New Jersey Superior Court, Appellate Division, described this as a “pattern of systemic sexual harassment” — one in which the alleged harasser appeared to have never received any anti-harassment training.

So, what did the court do? It affirmed summary judgment for the employer and dismissed the plaintiff’s Complaint.

What?!?

Find out why, after the jump…

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The 3rd Circuit’s new FLSA joint-employment test…in HAIKU

August 14, 2012 | by Eric B. Meyer

I just re-read yesterday’s blog drivel. What the hell was that?!? As much as I do love the two great tastes that taste great together, that was an utter FAIL and I vow never to incorporate Reese’s Peanut Butter Cups into a blog post again. Unless, of course: (a) a makeshift Peanut Butter Cup bra is prominently featured in a reported sexual harassment case; or (b) Hershey’s wants to discuss some strategic product placement on The Employer Handbook. What can I say? YOLO and even this blogger has his price.

[Editor’s note: I was determined to work YOLO into this blog post. Be nice. Although, my blogging chops are generally sharp, I’m about three months behind on the lingo.]

Focus, Eric. Short blog post. You can handle haiku.

Arrgh! I cannot believe that Haiku-themed blog post, 17 syllables, would require readers to click through past the jump. Ah, whatever. Click through and someone call my editor…

Peanut butter cups for everyone! Thank you, Third Circuit!

August 13, 2012 | by Eric B. Meyer

After seeing Fatboy Slim perform in a bubble at the Olympics Closing Ceremony, I had trouble falling asleep last night.

I tossed. I turned. But, I eventually drifted off into a deep sleep; a wonderful slumber. I dreamt that the Third Circuit Court of Appeals decided two cases under the Fair Labor Standards Act (FLSA), and then I blogged about them in a single blog post. Like peanut butter and chocolate, it was the Reese’s Peanut Butter Cup of blog posts.

What a sweet, decadent dream. Or was it a dream? Find out after the jump…

[Hint: no dream, no chocolate, just two FLSA decisions (one of which I’ll blog about tomorrow, because I ramble a bit after the jump, much like I’m droning on now). Maybe this is all just an excuse to play Katy Perry. Yeah, this all makes sense. About as much as having Russell Brand sing “I am the Walrus” from on top of a psychedelic VW bus in front of a worldwide audience of millions. Just jump.]

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There are employee perks. And then there are Google-employee perks…

August 10, 2012 | by Eric B. Meyer

Yesterday, I came across this article from Meghan Casserly on Forbes.com, which discusses the benefits that Google provides its employees and their families. One of my favorite bloggers in the HR/employment-law space, Mark Toth, lives by the mantra that companies that really love their employees are the best places to work. Well, then, look out Disney World, because Google must be the happiest place on earth!!!

Find out just how great it is after the jump…

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