Photo Apr 30, 10 57 11 AM

My other car is a minivan

Last Summer, I blogged here about how requiring an employee with a disability to stay out of work until 100% cured (i.e., a no-restrictions policy) automatically violates the Americans with Disabilities Act. As courts have described it, the policy does not allow a case-by-case assessment of an individual’s ability to perform essential functions of the individual’s job, with or without accommodation.

ADA violation…check!

But, what about having a 100%-cured policy for an employee taking leave under the Family and Medical Leave Act?

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Most of you have either seen or heard about Mean Tweets from Jimmy Kimmel Live! That’s the segment where celebrities stand in front of the camera with smartphone in hand awkwardly reading the snippets of vitriol that Twitters users can spew about them in 140 characters or less. The celebrities have a good sense of humor about it. And the segment is generally good for some LOL moments.

Well, the folks over at Just Not Sports took Mean Tweets to another level with #MoreThanMean tweets.

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Turkey Hill Limited Edition Butter Brickle Ice Cream

Non-competition agreements haven’t gotten much play on this blog. It’s like going into an ice cream shop and ordering Butter Brickle. Meh. Yet, there it is: Butter Brickle, right between classics like Vanilla and Chocolate and those newer flavors, Tahitian Vanilla and Chocolate Dreamsicle.

As a mainstay, every once and a while, I must page homage.

***spoons Butter Brickle into gaping mouth***

It’s pretty good, you know.

And non-competes….let’s discuss them too. Specifically, what happens if a former employee joins a top competitor, and, by the time a judge is ready to do something about it, the non-competition agreement is about to expire? Will the court level the playing field and restart the non-compete?

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Hi there.

Did you have a nice weekend? Overall, I did too. However, Saturday was rough. How rough? On a scale of 1-10, it was Chuck E. Cheese.

Sunday improved. Mildly.

But, now I’m in a coffee shop, sans kids, sans ball pits, costumed rats, and shopping carts. Instead, I’m nicely caffeinated, listening to a Spotify playlist of Rolling Stone’s 100 Greatest Hip Hop Songs of All Time, wondering how House of Pain’s Jump Around didn’t make the list and punching out a blog post on age discrimination to you fine folks.

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Ol' Dirty Bastard.jpg

Only law blog with this pic. Fo Shizzle.

If only someone would’ve created a Grumpy Old Men / Wu-Tang Clan mashup. ODB passing the verse to Walter Matthau…

Oh well, you’re stuck with me blogging about an age discrimination case from the Northern District of Indiana. At least I’m off of the FLSA soapbox…for now.

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OMG

The U.S. Department of Labor announced on Monday that “a human resources outsource provider will pay $1 million in back overtime wages and damages combined to hundreds of employees after a U.S. Department of Labor investigation that found widespread Fair Labor Standards Act violations.”

So what did a human resources provider do wrong?

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