By now, we all must have a great story. Maybe it’s about a co-worker. Or more likely, something we read online — probably on this blog. Each of us knows about someone who, in a single careless tweet, status update, or selfie . . . lost their job.

A little over a year ago, I wrote here about Justine Sacco, a former PR Executive from IAC, which owns such online publications as The Daily Beast, Match.com, About.com, and several others. Just before boarding a flight to South Africa, Ms. Sacco tweeted: “Going to Africa. Hope I don’t get AIDS. Just kidding. I’m white.” During her flight, Ms. Sacco’s insensitive tweet was retweeted over 3,000 times and picked up by several media outlets around the world. It even spawned the hashtag #HasJustineLandedYet, which trended on Twitter during her flight. She had only 170 followers on Twitter.

As you can imagine, that tweet earned Ms. Sacco a pink slip. But, to this day, that single tweet and all of the notoriety that followed still haunts her. Continue reading

Do you know how hard it is to come up with 17 kick-ass action movie quotes for a single blog post?

I don’t think you do! Folks, it’s not all Yippee-ki-yay, motherf*&^er! For discretion is the better part of valor. The subtleties and nuances of selection (John Matrix – yes; John Kimble – no) most of you just wouldn’t understand. It’s beyond your ken.

Indeed, some would consider what I pulled off yesterday to be God-like. Others, not so much. But, those folks should repent. #justsayin. Bottom line: On the fifth day — at least this week, on the heels of an #ELBC — Eric rests.

Fortunately, my colleagues have prepared this Fair Labor Standards Act lovely: Tips You Need to Avoid Tipping Headaches.

Enjoy.

Welcome, everyone, to the February 2015 edition of the Employment Law Blog Carnival. For those who don’t know, the ELBC, as we like to call it, is a monthly installment of the latest and greatest from the employment-law blogosphere. Each month, a different host and a different theme.

In January, Doug Hass at Wage & Hour Insights brought you the Employment Law Blog Carnival: Awards Season Edition (here). Given the shaft The Expendables III took both from the Academy and the ELBC, after the jump, I’m ready to unleash the thunder…

“They drew first blood, not me.” [John Rambo; First Blood]

Continue reading

What the hell are you talking about, Eric? Why would we make an independent contractor sign a release of employment claims before starting work for our company?

So glad you asked. Although, I’m not sure I like your tone.

*** takes pills ***

Many years ago, Allstate Insurance restructured its business, where it decided to longer have employees; only independent contractors. So, it offered its employees a bunch of options. One option was a severance; another was the ability to convert to independent contractor status. Either way, the individual had to release all past and presented employment-related claims agains the company.

When the EEOC got wind of the conversion option, they cried retaliation.

Continue reading

Or, as a glass-half-full kinda guy, maybe it was a good idea for an Ohio school bus driver to take a selfie on the bus holding an unopened beer bottle to her lips  and post it to Facebook. She lost her job, but, I get a blog post with great SEO potential (beer, Facebook, selfie, Kim Kardashian, hot xxx action) and a new slide for my Social Media in the Workplace ppt.

David Moye at Huffington Post has more on the bus driver oopsie here.

And, while we’re on the subject of smh social media, Continue reading

Back in December, I warned you (here) that, after two failed attempts to enact paid sick leave in Philadelphia, the third time may be the charm in 2015.

I was right.

(Want to rub my head for good luck? Or hire me as your employment lawyer? Yeah, let’s go with the second one.)

Yesterday, Mayor Nutter signed into law a paid sick leave bill that passed City Council by a vote of 14-2. The new law, which will apply to businesses with at least 10 employees, will allow employees to accrue an hour of paid sick leave for every 40 hours of work. It goes into effect in 90 days.

Continue reading

Yesterday, I read about a woman who alleged that her former employer violated the Americans with Disabilities Act when it fired her from her “armed security guard” position because of a medical condition.  This notwithstanding that, in her complaint, the plaintiff admitted to being presented with pictures taken of her which appeared to show her sleeping on the job. In response, the plaintiff told the company that she was taking medication that made her “sleepy.”

Does this sound familiar?

Well, it should, because we’ve covered this before. An employee who, because is a disability, may have a tendency to fall asleep at work, could still be qualified to perform the essential functions of the job.

Continue reading

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