Panthers. Broncos. Meh.

Doritos won the Super Bowl, amirite?

But, for the 10% of your workforce that may be missing work today, you’ll have to wait until tomorrow to get their opinions on the Super Bowl commercials. Many of those employees told you in advance that today would be a day off. But, what will you do about the others who don’t show up for work?

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Help Wanted?

On Monday, one of my favorite HR bloggers, Suzanne Lucas a/k/a The Evil HR Lady, addressed (here) a reader question about whether a company can legally prohibit an employee from seeking other employment while on leave covered under the Family and Medical Leave Act.

As part of her post, Her Evilness asked for others to weigh in on the subject. ABA Journal Blawg 100 Hall of Famer, Jon Hyman, answered the call on his blog post yesterday. Jon concluded that the legal answer depends upon the scope of the policy.

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Pappers.jpgThe list of employees who have lost their jobs because of social media mistakes, well, it’s long. I’ll get you started here and here and here.

Whether it’s on or off the clock, being outspoken — to put it mildly — on social media, doesn’t end well often. But, most social media missteps that I read and blog about involve conscious decisions by employee to do dumb stuff on social media.

Except…

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ronburgundy

When was the last time that you trained your managers and supervisors on how to address disability accommodation requests? Or, how about the last time that you reminded your supervisors and managers that an employee with a disability needs to be treated respectfully?

If it’s been a while (or, maybe, I dunno, forever), have I got a case for you!

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See No Evil, Hear No Evil, Speak No Evil

Like many other employers, you’ve got a handbook policy that says that non-exempt employees cannot work overtime unless they obtain prior approval from a manager or supervisor. If, without prior approval from a manager or supervisor, a non-exempt employee works overtime and reports those hours to you, the Fair Labor Standards Act requires that you pay that employee overtime. (However, you can discipline that employee for violating your work rules).

But what happens if that same employee works overtime without prior permission and fails to report those hours. Must you still pay that employee overtime?

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Bane

Lest anyone consider me a heartless mongrel. (Other than you plaintiff’s lawyers, of course). I understand that many folks suffer from migraine headaches. Really bad, debilitating, serious health condition migraines. I get it. And, I sympathize. I’m sorry.

That said, poll a room of HR professionals. With hella-side eye, they’ll tell you stories of employees — often the ones with performance, attendance, and disciplinary issues — taking intermittent leave under the Family and Medical Leave Act for migraine headaches. The ones that get especially bad on Fridays and Mondays. You know what I’m talking about.

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US Dept of Labor.jpg“Are you a joint employer?”

No, that’s not my law school pickup line. That would be a terrible pickup line; I’d be a lonely, single, blogging employment lawyer, sitting alone by candlelight eating baked beans out of the can.

Actually, it’s the question that Dr. David Weil, administrator of the U.S. Department of Labor’s Wage and Hour Division, asks in this blog post. And, here’s his answer: “In a nutshell, joint employment exists when a person is employed by two or more employers such that the employers are responsible, both individually and jointly, for compliance with a statute.”

Does that sound like your business? Well, then, read Dr. Weil’s blog post.

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