Settle in and read on for easy-to-navigate, clear and concise summaries of the employment-law landscape in PA and NJ. Plus, we highlight the latest legal trends and changes in the law. You can even improve the way you and your employees conduct business with our featured guest commentary and insights from other management-side employment lawyers and human resources professionals.
This isn't your average blog; this is The Employer Handbook. Read it cover to cover.
Last week, the National Labor Relations Board was tasked with determining whether a union may use the photograph of an employee, without his authorization, on union-organizing materials. Click through to find out how the NLRB decided this one...
To prove disability discrimination under the Americans with Disabilities Act (ADA), a plaintiff, at a minimum, must prove that:
she is disabled;
she is otherwise qualified to perform the job requirements, with or without reasonable accommodation; and
she was discharged (or otherwise suffered an adverse employment action) solely on account of her disability
After the jump, I have a recent federal court decision from Michigan which addresses the second prong above; specifically, whether and when working a minimum number of hours a week is an essential job function, such that if a disabled employee can't work those hours, she can be fired -- legally.
1. What are your strengths?
2. What are your weaknesses?
3. Why are you interested in working for [insert company name here]?
4. Where do you see yourself in 5 years? 10 years?
5. Why do you want to leave your current company?
6. Why was there a gap in your employment between [insert date] and [insert date]?
7. What can you offer us that someone else can not?
8. What are three things your former manager would like you to improve on?
9. Are you willing to relocate?
10. Are you willing to travel?
"Are you exhaling warm air?" (Asked at Walker Marketing).
"How do you feel about those jokers at Congress?" (Asked at Consolidated Electrical).
"You're in a row boat, which is in a large tank filled with water. You have an anchor on board, which you throw overboard (the chain is long enough so the anchor rests completely on the bottom of the tank). Does the water level in the tank rise or fall?" (Asked at Tesla Motors).
"Does life fascinate you?" (Asked at Ernst & Young).
"Just entertain me for five minutes, I'm not going to talk." (Asked at Acosta).
What about you? What's the wildest interview question you've ever heard? Let me know in the comments below.
Yesterday, we looked at a recent federal-court decision to determine whether LinkedIn connections are considered trade secrets. Today, after the jump, we look at whether your business has any protectible interest in a LinkedIn account that you create and maintain for your employees.
"The NLRB's credibility has suffered greatly during this administration due to an aggressive agenda favoring the unions. The president could have chosen to work with the Senate and stakeholders to see if a package of nominees could be confirmed that would help restore the agency's independence and credibility. Instead, today's steps will simply further poison the well with regard to labor-management issues pending in front of the Board and on Capitol Hill."
Correction: This post has been updated with a new quote attributed to the U.S. Chamber. The original post referenced a quote from this article, criticizing President Obama's decision to recess-appoint Richard Cordray as head of the Consumer Financial Protection Bureau.
Over the past several weeks, you probably read about this case involving a company suing one of its former employees whom it alleges misappropriated a Twitter account and, along with it, 17,000 Twitter followers that the company believes it owns. A video about the case follows below:
Late last month, I learned of another case (h/t TechDirt), in which a former high-level executive and her prior employer are currently duking it out to see who owns the connections on the executive's LinkedIn page. More on this story and whether LinkedIn contacts are even trade secrets at all, after the jump...
But before I get to that, did you know that The Employer Handbook turns one today? It's true. Help me blow out the candle -- hey, kid! Save some for the rest of us.
Just click through because I've got a crazazy one for you. It's a true story about a police officer - slash - ambulance driver who started a high-speed ambulance chase to serve a restraining order on a co-worker's ex-boyfriend and then...
As the year draws to a close, let's take a look back at the most popular posts at The Employer Handbook in 2011, based on number of hits:
5. Social media and the workplace. School teacher Natalie Munroe made several appearances on the blog this year. Remember her? She was the blogging school teacher who wrote that her students were "utterly loathsome in all imaginable ways." Although, Ms. Munroe eventually returned to work, her experience is a sound reminder to always think twice before hitting "send." You can read the fifth-most-popular post, "Yes, you CAN discipline employees who abuse social media" here.
4. I'm a poet and I don't even know it. I'm not sure what inspired the fourth-most-popular post. It must have been a slow news day. How else do I come up with the idea to Haiku -- verbing a noun, sorry -- about recent employment-law decisions from the U.S. Supreme Court?
3. FMLA remains a hot issue.This one surprised me. The third-most-popular post is about FMLA legislation in Pennsylvania that never passed.
2. Short and sweet. The second-most-popular post was one of my shortest. I merely announced that the EEOC had finalized its ADAAA regulations. (Note to self: keep it short)
1. Yeah, I know, you only clicked "by accident." This was a runaway. Not even close. To put things in perspective, nearly 4% of all page views at The Employer Handbook were on this one story. Not to come off as too vain -- I'm sure I've done that already in my other stellar posts -- but nearly four times as many viewers checked out the number-one post than my blog biography. What else can I say? In the end, sex sells. (Note to self: keep it sexy).
Thank you to everyone who made The Employer Handbook such a success in its first year. We'll be back on January 3, 2012, the official one-year anniversary of the blog, with something short and sexy employment-law related. But possibly short and sexy.
Last week, a federal appellate court (here) allowed a white assistant manager to pursue claims of reverse race discrimination against a bank because the reasons that the bank offered to the court for firing the plaintiff did not jibe with the documentation in its own file. Oh, wait a minute, there was zero documentation in the file.
I smell some trouble for the employer and some good lessons for my business readers, after the jump, of course...
The National Labor Relations Board announced today that it has again extended the deadline for covered employers to post this notice, advising employees how to form a union, among other things. The new deadline is April 30, 2012.
The NLRB decided to further delay the posting deadline at the request of the federal court in Washington, DC hearing a legal challenge regarding the rule.
Hey, who loves ya! Happy Holidays from The Employer Handbook.
The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against job applicants and employees on the basis of a disability. What is a disability, you ask? A disability is "a physical or mental impairment that substantially limits one or more major life activities."
If your employee suffers from severe migraines that prohibit the employee from working, does the employee have a disability? Good question. It just depends on what "working" means. Click through and I have a good answer from a recent federal court decision...
I need to come clean with y'all. TMZ.com is one of my guilty pleasures. Don't hate!
And you should have seen the beaming smile on my face on Monday when when I got some blogging gold as TMZ ran a story about a former college professor at NYU who claims that the school discriminated against him by firing him for, among other things, giving actor James Franco a "D".
The monkey's out of the bottle now! More after the jump...