The Employer Handbook Blog

If you read this blog, then I trust you read other HR/Employment-law-related blogs. And, if you do that, prepare for a December-deluge of "Ten Tips for a Safe, Fun, and Legal Holiday Party."

Screw all that! Ten tips is so last year. 

*** Big dork say "what" ***

"What! What!" After the jump, I've collected 72 ways to hold an office holiday party that won't interfere with you ending the year on an HR high-note...

* * *

Continue reading "72 ways to prevent an office party from creating an HR hangover" »

This Jerry Sandusky situation is blood curdling. I won't rehash the facts. But in case you've been living under a rock for the past few days, you can read about them here.

I am not going to comment on Penn State's moral compass. Rather, as a labor-and-employment-law attorney, I see plenty of lessons for employers. Let's just focus on three simple ones:

1. Take complaints seriously. Always. Fortunately, most employers do. Those who don't appear to condone the behavior. 
2. If the behavior is criminal, immediately contact the police. By doing nothing, you give the actor both time and impunity to harm others.
3. Do something about the complaint. Investigate and follow with action that is reasonably designed to ensure that the offensive behavior does not happen again. If the offensive behavior is serious enough, fire fast.

In keeping with The Employer Handbook tradition (and so as not to reverse any good black and gold mojo), once again, I will follow a Bruins OT playoff win... 

(cue the music...)

...with a look at an employee's right to review his/her personnel file. Last week, we explored whether Pennsylvania businesses must cede to an employee request to review his/her personnel file.

After the jump, same question, different state: Delaware.

Continue reading "Can DE employees access their personnel files upon request?" »

Keeping with this week's smoking theme, I see that the The New York Times recently ran a story discussing how some employers are refusing to hire smokers. The article warns, ""Smokers now face another risk from their habit: it could cost them a shot at a job."

But is this legal? Can an employer really refuse to hire someone who smokes?

To learn the answer, check out a recent post I did at The Legal Intelligencer.

What is this Carnival of HR of which I speak? Originally started way back in February 2007 by Suzanne Lucas aka the Evil HR Lady, the Carnival of HR is dedicated to bringing together the best posts from the HR blogging community! Any employer (not just my peeps in Pennsylvania, New Jersey, and Delaware) could learn a lot from the wide variety of articles at the HR Carnival.

This week, Suzanne Lucas is back hosting the Carnival of HR. And I am pleased that she has incorporated one of my recent posts about how employers should, every once in while, cut their employees some slack.

You can find the latest edition of the Carnival of HR here.

Have a nice weekend!

Next week is our firm holiday party. And I am a big fan.

At the party, I like to drink Four Loko boilermakers all night until I get blackout drunk socialize with colleagues for a few hours before cabbing home for the evening. Generally, I go crazy have a good time. But I rarely always keep it in check. There are others like me at OTHER holiday parties who succumb to the sweet nectar of the gods get a bit tipsy after consuming too many drinks. And where there's Tipsy, both Handsy and Sailormouth generally come out to play too.

This will could happen at your business. So what steps are you taking to prepare for this inevitability possibility (besides having my number on speed-dial)? Not sure what to do? I'll help you with some tips after the jump.

Continue reading "Holiday Party 101: How to Avoid The Lawsuit" »

Recently, I had an article published in Bloomberg Law Reports about how employers can reduce their potential exposure to employee litigation by implementing a strong anti-harassment policy and then coupling that with training for supervisors and employees. If I do say so myself -- and I do -- this is a good read for any employer.

You can read my article here.

The Patient Protection and Affordable Care Act , enacted earlier this year, amended the Fair Labor Standards Act (FLSA) to require a "reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk." Employers are also required to provide "a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk." (Check out this fact sheet for more information)

It seems that one Iowa employer didn't get the memo. Instead, it now has a potential lawsuit. Read all the messy details, after the jump...

Continue reading "1 lactating employee + 0 place to pump = 1 messy complaint" »

You will now.

Here's the before

Continue reading "Do you have a HR policy on media relations?" »

Congress created the Occupational Safety & Hazard Administration (OSHA) to ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance. That sounds nice. But my clients and I both know this: you don't want OSHA sniffing around your job sites.

Now OSHA is expanding its taking aim at a new target: distracted-driving. Read how, after the jump...

Continue reading "Driving + Texting = OSHA all up in your business" »

Last week we had flu shot day at Dilworth Paxson. I missed it. I was out prepping a client for an upcoming deposition. So, over the weekend, I shelled out the $24.95 and got a flu shot at the local drug store. Why? Because I don't want to get sick and I don't want to get other people sick. That's precisely why my law firm offers free flu shots to its employees. (Plus, Mr. and Mrs. Meyer raised a conscientious son).

What is your business doing to prepare for flu season and a possible 2010/2011 pandemic? I've got eight suggestions for you after the jump.

Continue reading "8 ways for employers to prepare for flu season" »

Note: This article has nothing to do with the Red Sox. Nothing at all. Just Massachusetts. And Massachusetts employment law at that. It's ok, though. Still worth a read IMHO. Good advice for my PA, NJ, and DE readers.

I was checking out Jay Shepherd's great employment blog Gruntled Employees -- get it? "gruntled" ... as in the opposite of disgruntled ... yeah, anyway -- and I came across a recent post about how the Commonwealth of Massachusetts has adopted a new law requiring companies to notify employees about any potentially negative information added to their personnel files.

Hear me out. I'm on a roll with this...after the jump.

Continue reading "Massachusetts is cuckoo, but I still love the Red Sox" »