I am a true Twitter OG. Why, I remember back in the day — it was 2009 — when Connor Riley, a/k/a ‘Cisco Fatty’ a/k/a @theconnor tweeted: “Cisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San Jose and hating the work.”

Unfortunately for Ms. Riley, one of Cisco’s channel partner advocates read the tweet and tweeted back, “Who is the hiring manager. I’m sure they would love to know that you will hate the work. We here at Cisco are versed in the web.”

Well, it seems we found ourselves a modern day Cisco Fatty…

Continue reading

More specifically, as posed in this recent federal court decision, “when an employer requires an employee to attend alcohol counseling and treatment sessions as a condition of keeping her job, must the employer compensate the employee for the time she spends in counseling and treatment?”

The three plaintiffs, NYPD police offers, identified three aspect of counseling that they claim they were required to undertake: (1) inpatient counseling at a residential treatment facility (with respect to one plaintiff); (2) outpatient counseling during regularly-scheduled work hours; and (3) outpatient counseling after regularly scheduled work hours. All three were paid their regular wage while in counseling. However, none of these employees received overtime.

More after the jump…

Continue reading

You wouldn’t want to make the same egregious mistake as a Michigan employer. After the jump, I’ll discuss the colossal screw-up and help you avoid it.

Don’t worry. I’ll wait and listen to some Foo Fighters while you go grab your FMLA policy.

[Two bad words near the end of the Foo Fighters song. So, if you’re going to play it at work. Well, don’t play it at work].

* * *

Continue reading

FMLAPierce.jpg

A gentle reminder that eligible employees can take leave under the Family and Medical Leave Act to care for an immediate family member (spouse, child, or parent — but not a parent “in-law”) with a serious health condition, like a bad respiratory illness that requires hospitalization.

Please send some good vibes to my little guy, Pierce.

On the heels of the excuses we’ve been hearing this week from meteorologists on the east coast about the transformation of Snowmageddon to #Snowperbole…

— well, at least one weatherperson owned it

…What better way to end the week than with a list of creative excuses; namely, CareerBuilder.com’s top 10 from its recent Most Bizarre Late-to-Work Excuses survey. While “I got jammed up at a pajama-jammy-jam” didn’t make the list, here’s what did:

  • I knocked myself out in the shower.
  • I was drunk and forgot which Waffle House I parked my car next to.
  • I discovered my spouse was having an affair, so I followed him this morning to find out who he was having an affair with.
  • Someone robbed the gas station I was at, and I didn’t have enough gas to get to another station.
  • I had to wait for the judge to set my bail.
  • There was a stranger sleeping in my car.
  • A deer herd that was moving through town made me late.
  • I’m not late. I was thinking about work on the way in.
  • I dreamed that I got fired.
  • I went out to my car to drive to work, and the trunk had been stolen out of it.

What’s the best late-for-work excuse you’ve heard from one of your employees? And who ya got Sunday in the Super Bowl? Let me know in the comments below…

Have a nice weekend.

Remember that blog post I had from July of last year, the one you contemplated getting tattooed on your back.

Yeah, you know the one. This one, silly. About the Fundamentalist Christian, who, upon filling out his new-employee paperwork, refused to provide a social security number because it would cause him to have the “Mark of the Beast.” So, he sought a religious accommodation, which the company refused to provide because obtaining a social security number is a federal requirement.

Welp, the employee appealed the decision to a federal appellate court?

How you think that turned out? Find out after the jump…

* * *

Continue reading

Fact or Fiction?That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

(Indeed, today, I’m so damn lazy, that I’m republishing a post from last year)

One of your employees is currently using FMLA leave. Today, due to the winter storm, you’ve decided to close the office. 

Do you still count today’s snow-induced office closure towards the 12 workweeks of FMLA to which your employee is entitled?

Answer: It depends.

  • If the employee would have otherwise taken the entire week off on FMLA leave, then today can be charged as an FMLA day just the same.
  • If, however, you employee is using FMLA leave in increments of less than one week, the snow day will not count against the employee’s FMLA entitlement, unless you expect that employee to come to work.

And, after you finishing shoveling today, dig this: Daniel Schwartz breaks down the wage-and-hour implications of today’s big snow. Plus, Christine Stoneburner on why today is not the day to use paid sick leave.