Translation: Three days left in 2014 and Meyer doesn’t have it in him to put together an original post for you.

Fortunately, you guys continue to dig the other bazillion days of original content. As The Employer Handbook approaches its 4th birthday — if you’re thinking of a proper gift, find the one that blogs for me too and I’ll dedicate a week’s worth of posts to you — our 2014 numbers were staggering! The site had almost 150,000 users (up 30% from 2013). Those folks viewed 289,560 pages.

Here were the most clicked posts of 2014:

5. Sixth Circuit redefines the “workplace” when considering attendance as an ADA essential job function
4. Yes, you can fire an employee who discloses a disability at his termination meeting
3. An orgasm on a treadmill explodes an employee’s FMLA claim
2. Wages aren’t confidential, you guys. Your employees can discuss them.
1. Daughter’s Facebook post costs dad $80k employment settlement

Most creative Google search which landed someone on my blog is a tie between “achy breaky pelvis” (1 user), “how to screw your employer” (3 users), www.bigfatass.com (9 users), and “naked twister” (14 users).

At least my readers have their priorities straight.

Because I love you guys, I’ll probably be back tomorrow and Wednesday with new posts.

Whether you have a disability under the Americans with Disabilities Act — so, like, all of us — or not, work can suck. Bosses can be jerks. 

But, if an employee with a disability requests a transfer away from a jerk boss, must the company provide it? 

Find out after the jump…

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I meant to write about this a week or so ago after I saw Dan Packel’s article at Law360. But, then, I got sidetracked with a bunch of NLRB stuff. Until, yesterday, Lizzy McLellan’s article at The Legal Intelligencer brought me back.

So, here’s the deal. The basic rule in PA has always been that, for a non-compete to be enforceable, it needs to be entered into when employment begins (i.e., as consideration for offering employment), or there needs to be some independent consideration to support it (e.g., a raise, bonus, promotion, etc.).

However, some outlier judicial decisions in PA have concluded that PA’s Uniform Written Obligations Act magically adds consideration to any agreement with the words “intending to be legally bound.”

But, back in May, the PA Superior Court disagreed and held that where the employer provided the employee with no benefit or change in job status when the employee signed the non-compete, even if the agreement states that the parties “intend to be legally bound” by its terms, a restrictive covenant is not enforceable.

Now, the Supreme Court will determine whether those five little words are, indeed, magic.

Obviously, if the Supreme Court sides with the company, it will create the proverbial game changer, by allowing companies to require employees to enter into restrictive covenants in exchange for zero consideration.

We’ll see what happens.

If you’re on LinkedIn, consider joining the discussion of news, trends and insights in employment law, HR, and the workplace, by becoming a member of The Employer Handbook LinkedIn Group. Tell ’em Meyer sent you.

If you entered a time machine a few months ago and came out today to read this post, you missed a lot.

The Kansas City Royals made the World Series. Grammy Award winning rapper Eve wed entrepreneur Maximillion Cooper at Cala Jondal Beach in Ibiza, Spain. And a big-time Ebola scare.

Yeah, that Ebola scare was really something. But, it kinda just came and went, didn’t it? We haven’t had a new Ebola case in the U.S. in months, which makes the timing of Monday’s release of “Public Guidance on Protecting Civil Rights While Responding to the Ebola Virus” from the U.S. Department of Justice a bit off.

Still, do heed the three tips from the Guidance:

  1. Ensure that there is no bullying, harassment or other unlawful discrimination directed at people who are or are perceived to be from an African country, of African descent or against people who have the Ebola virus or are perceived as having the virus.
  2. Provide information in languages other than English.
  3. Provide access to information and services to people with disabilities.

Of course, if you reasonably suspect that an employee has Ebola, recently traveled to a high-risk area, or came into contact with someone with Ebola or returning from a high risk area, you should follow the applicable state and CDC control measures to protect both your workplace. If you are concerned about a disability-discrimination claim, as long as you act reasonably, you should ok. But you may want to consult the EEOC’s pandemic guidelines and a lawyer.

After two days of organized-labor-themed oxygen-sucking blog posts, I’m gonna lighten it up today, with some holiday co-worker gift-giving ideas for you.

Taking my cue from CareerBuilder’s 2014 list of the most unusual holiday gifts exchanged in the workplace, please consider nixing these from your list:

  • A box of Hot Pockets®.
  • A chess piece (just one piece, not a set).
  • A fire extinguisher.
  • A voucher for a free lawn game of the co-worker’s own invention.
  • A turquoise leather vest.
  • Zombie action figures.
  • A Ziploc® bag with coffee (enough to make one pot).
  • A ‘gun of the day’ calendar.
  • A bag of chips.
  • A Christmas ornament with the co-worker’s and spouse’s photos on it.

If you are looking for a holiday gift for yours truly, I was over on perpetualkid.com, and a few items to consider:

    Or, if you haven’t done so already you can just vote for my blog as the top Labor and Employment Law Blog in the ABA Blawg 100.

    Cue the haters.

    Following a decision last Thursday permitting employees to use company email to badmouth you and unionize, the National Labor Relations Board ended last week by passing a new rule, which, in its words, updated “its representation-case procedures to modernize and streamline the process for resolving representation disputes.”

    In other words, faster union elections and more of ’em.

    Details on this new rule and what employers can do about it, after the jump…

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