The Employer Handbook Blog

While OSHA develops a vaccine mandate, the EEOC is now filing COVID-related lawsuits against employers.

September 14, 2021 | by Eric B. Meyer

E-A-G-L-E-S EAGLES!!! (And how ’bout ‘dem Cowboys!)

The U.S Equal Employment Opportunity Commission has said that when an employer permits employees to telework to slow or stop the spread of COVID-19, the employer has not committed itself to automatically granting telework as a reasonable accommodation to every employee with a disability who requests to continue this arrangement as an accommodation under the Americans with Disabilities Act.

But, here’s the thing. Continue reading

More on Biden’s Vaccine Mandate: Lawsuits, the five best things I read, and a Friday Zoom at Noon EDT

September 13, 2021 | by Eric B. Meyer

Image Credit: Photofunia.com

I won’t bury the lede based on the number of questions and comments I received following Friday’s post. Continue reading

Biden to companies with 100+ employees: Mandate vaccines, or test weekly, or else!!!

September 10, 2021 | by Eric B. Meyer

President-Biden-s-COVID-19-Plan-The-White-House

ScreenCap from WhiteHouse.gov

Yesterday, President Biden announced that all businesses with 100+ employees will soon have to ensure that their workers are vaccinated or tested weekly. I’ve got details below and a Zoom planned for Friday, September 17, 2021, at Noon ET to get into more detail. The Zoom is free, and you can sign up here.

For now, here’s what your business needs to know. Continue reading

How does one major airline plan to accommodate religious vaccine exemptions? With unpaid leave.

September 9, 2021 | by Eric B. Meyer

Image by TheDigitalWay from Pixabay

Several news outlets reported yesterday that a major airline that has already mandated employee vaccinations will begin placing employees on temporary unpaid leave if approved for a religious vaccine exemption. Continue reading

First, some anti-maskers sued a store over its mandate. Now, they are losing discovery disputes and getting sanctioned.

September 8, 2021 | by Eric B. Meyer

Image by Viktor Ivanchenko from Pixabay

Like many of you, news of the untimely death of Michael K. Williams shook me. RIP.

I thought more about Mr. Williams yesterday as I read two reports and recommendations from a Discovery Special Master assigned to a COVID-19 face mask case. Specifically, I remembered his infamous line as Omar Little from The Wire:

“You come at the king; you best not miss.” Continue reading

Have you seen the survey about employees getting fired for Zoom mistakes? Here’s my hot take.

September 7, 2021 | by Eric B. Meyer

Image by chenspec from Pixabay

Last week, this Vyopta / Wakefield Survey about employee use of remote technology began making the rounds. The press release highlights “Online Accountability,” noting that nearly a quarter of those surveyed reported they have seen an employee fired because of video or audio conference mistakes. It seems that business leaders expect employees to figure it out — or pay the price.” Continue reading

Sex addiction. That isn’t a disability under the ADA is it? Or IS IT?!?!

September 3, 2021 | by Eric B. Meyer

I’ll bet you that they didn’t ask about this on the SHRM-CP exam, did they? Continue reading

You’ll want to consider updating your employee handbooks ASAP — especially in PA, NJ, and DE — to avoid this potential lawsuit

September 2, 2021 | by Eric B. Meyer

welcome, us, ca, soldiers, sacramento, reservist, iraqwar, homecoming, iraq, operationiraqifreedom, airmen, troops, returnhome, weight training, Free Images In PxHere

Image Credit: Robert Couse-Baker on Pxhere.com

I’m willing to bet that, somewhere in your handbook, most of you have a section on military or USERRA leave. USERRA protects service members’ reemployment rights when returning from a service period in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based on military service or obligation. Continue reading

Could you spot your employee’s phony COVID-19 vaccination card? Ok, then what?

September 1, 2021 | by Eric B. Meyer

Whoisjohngalt, CC BY-SA 4.0, via Wikimedia Commons

Last month, the U.S. Department of Health and Human Services Office of Inspector General alerted the public about a variety of COVID-19 scams, ranging from fake contact tracers COVID-19 survey scams asking for all sorts of personal information (e.g., Medicare number, financial information) to offers to sell fake vaccination cards.

Yesterday, NY busted a fake COVID-19 vaccination card scam.

A Florida doctor can no longer see patients allegedly after selling $50 mask waivers on Facebook

August 31, 2021 | by Eric B. Meyer

Image by mohamed Hassan from Pixabay

It’s tough enough dealing with employees who submit shady doctor notes to avoid masks or getting a COVID-19 vaccination. (I find that letterhead printed on a Saltine is a dead-bang giveaway.) But, what happens to the doctors that write these opt-out letters?
Continue reading

You know that scientist in the action movie who has all the right answers if only the government would just pay attention? If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, I’m here to help. I'm not only an EEOC-approved trainer, I offer day-to-day employment counseling, workplace audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business. And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. I’m a trial-tested, experienced litigator that has represented companies of all sizes in a veritable alphabet soup of employment law claims, such as the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII, and USERRA. I also help clients litigate disputes involving restrictive covenants such as non-competition and non-solicitation agreements, as well as conflicts over use of trade secrets and other confidential information. For more about me, my practice, and my firm, click on my full bio.