March 2011 Archives

March 28, 2011

What the EEOC wants employers to know about the ADAAA

As I reported last week, after receiving over 600 public comments on its proposed regulations implementing the Americans with Disabilities Act Amendments Act (ADAAA), the EEOC has released its final rules.

So what's in these rules? And how will they affect employers? I've got a nice summary from the EEOC after the jump.

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March 25, 2011

Booze, wild beaver, and a pregnant bartender. What!

beaver.jpgCongratulations!

Because you are reading this post, you somehow made it past your company's internet firewall. That, or you're a horny perv, Googling some effed-up search terms. But I'm a lawyer; I don't judge.

Either way, continue reading. 

After the jump, it's the female bartender/server who is now suing her employer, the Wild Beaver Saloon, *** borderline-NSFW link *** because she claims they fired her for getting pregnant!

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March 24, 2011

EEOC releases final ADA Amendments Act regulations

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Hot off the press!

The EEOC has released its final ADA Amendments Act regulations. You can read the press release and get a copy of the regulations here.

For some prior posts at TheEmployerHandbook.com about the ADA, ADAAA, and the supporting regulations, click here and here.

Image Credit: http://www.rhnltw.com

March 24, 2011

Will Philly employers soon be required to offer paid sick leave?

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Two Philadelphia posts in a single week. That's called keeping it real.

For local employers, keeping it real may mean moving out of the city, as the cost of doing business in Philadelphia could be on the rise.

Check out this post I did for The Legal Intelligencer about a bill that City Council is currently considering that would require businesses to provide paid sick leave to employees who work a minimum number of hours in Philadelphia County.

March 23, 2011

File this Supreme Court decision under "R" for RETALIATION

Thumbnail image for Supreme Court.jpgIn a 6-2 decision, the Supreme Court held yesterday that a company may not retaliate against an employee who orally "filed a complaint" about perceived Fair Labor Standards Act (FLSA) violations.

After the jump, I'll break down this decision, just what it means to orally file a complaint, and the impact yesterday's decision will have on employers.

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March 22, 2011

Can Philadelphia employers ask job applicants about criminal convictions?

For now, yes.

However, a bill presently pending in City Council could change that very quickly. I'll break down the bill and the impact it will have on local employers after the jump.

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March 21, 2011

FACT: Employers can sue employees for social networking

An NBA referee, Bill Spooner, has filed a defamation lawsuit against a AP reporter, Jon Krawczynski, who made this tweet:

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A look at this lawsuit and a lesson for companies that have employees who tweet (i.e., all of you), after the jump.

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March 21, 2011

Your frequent contact with employees on FMLA may violate the law

ivy.jpg"The Employer Handbook rules, dad!"

Last month, my wife gave birth to a beautiful little girl, Ivy Lynn Meyer. So it only seems fitting that a post should follow involving the Family and Medical Leave Act.

Imagine having an employee who needs time off for surgery. She completes the requisite paperwork and is approved for FMLA leave. During her FMLA leave, the employee's supervisor contacts her weekly to inquire when she will be returning to work.

How many of you think this may be a problem if the supervisor making the call doesn't know what she is doing? Me too. I'll show you why after the jump.

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March 16, 2011

When sexting 64 times in 2 1/2 hours ISN'T sexual harassment

Beginning in October 2007, a doctor at a chiropractic practice repeatedly sent lewd and sexually offensive text messages at all hours of the day and night to his receptionist in which he requested sexual favors and made lewd comments such as:

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  • "suck me beautiful,"
  • "I'm so @#$%^,"
  • "U want to fuck on my desk,"
  • "I want to fuck u do u want to? Let's make it saucy," and
  • "Come and suck it and I will feel better."

The receptionist sued her employer for, among other things, sexual harassment...and lost!

Find out how, after the jump.

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March 14, 2011

Should job applicants be required to divulge Facebook passwords?

It seems like every week day that we read stories about employees who get disciplined for posting stupid sh*t online. Although no business is immune to stupid employee behavior, employers that implement social media policies can reduce the risk of online idiocy.

Still, I am often asked if employers should require job applicants to divulge internet passwords to facilitate background checks and to reduce the risk of hiring employees who misbehave online.

Good question. A discussion follows...after the jump.


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March 10, 2011

OMG! Chrysler's Twitter account drops the F-Bomb

Companies have begun implementing social media policies to both educate employees and promote responsible online behavior. But what happens when the company messes up online by, oh, I dunno...


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Find out, after the jump...

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March 8, 2011

Help Wanted: Must have #TigerBlood

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Yesterday was a busy day for Charlie Sheen.

Warner Brothers officially fired Charlie Sheen from Two and a Half Men and #TeamSheen commenced its world search for the first #TigerBloodIntern. You can read the job listing here. What does it take to be a #TigerBloodIntern? #TigerBlood (of course). And you must be all about #Winning. The right candidate is expected to be "proactive, monitor the day-to-day activities on the major social media platforms, prepare for exciting online projects and increase Charlie's base of followers."

So what can employers learn from this?

I'm not touching that with a ten-foot pole. Instead, I'll ask...



Image credit: thesuperficial.com

March 7, 2011

Prepare for the new federal rules on public accommodations

On March 15, 2011, new Americans with Disabilities Act (ADA) regulations will take effect governing access to state and local government facilities as well as places that are generally open to the public.

To find out out whether YOU may be covered and, if so, what your obligations are, click here.


March 3, 2011

4 Free Social Media Q&A Sessions for Proactive Employers

On four Thursdays in March and April (3/17, 3/24, 3/31, 4/7), I am hosting a free breakfast in Philadelphia, PA for all of my readers. With your bagel and schmear, I throw in four all-star panels of lawyers and industry professionals who will offer up their social media best practices to both protect and enhance your business.

  • Imagine getting deep insight from a Fortune 500 100 Labor and Employee Relations Strategist about how unions are using social media to organize your business.
  • Or how about some money-saving tips from the HR Director of a NASDAQ-traded company about how you can maximize your search for job candidates using social media?
  • Maybe you want some astute observations from an experienced local GC about the risks (and rewards) of employee-use of social media.
  • We'll also have the Associate Vice President and Director of FINRA's Philadelphia Office leading a discussion of how financial entities and their employees can engage in social networking and remain compliant.
***Yeah, I'll be speaking too***

To learn more about this can't-miss breakfast series and how to register, click here.

March 2, 2011

U.S. Supreme Court green-lights even MORE discrimination claims

Thumbnail image for Supreme Court.jpgJust over a month ago, the Supreme Court unanimously held that an employer violates Title VII of the Civil Rights Act if it takes action against an employee who is in the same "zone of interest" as another employee who complains about unlawful harassment in the workplace.

Yesterday, in an opinion written by Justice Antonin Scalia, the Court in Staub v. Proctor Hospital once again unanimously made it easier for individuals to pursue discrimination claims against their current and former employers. You can read a copy of the Court's opinion here.

My analysis and the immediate impact this opinion will have on employers after the jump.


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