Undertaker WHC.jpg
WWE great The Undertaker is 50 years old. He’s an eight-time Heavyweight Champion. But, his greatest feat is never missing one of my posts his streak of 21 consecutive wins at Wrestlemania. But then, at Wrestlemania XXX, the streak ended.

Do you think that The Undertaker’s age motivated the WWE’s decision to script this loss — yes, sorry, it’s scripted? In that context, the notion of age discrimination seems silly. But, what about at work?

Where a 20-year employee with an exemplary record is suddenly fired…

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Something else you may not know about me.

On Saturday evenings, I crash Bar Mitzvahs and hustle blackjack. And then I’m like…

But then, on Sunday, it’s back the Bloggerdome for a new post. For this one, let’s talk about R. Kelly a recent Fourth Circuit decision in which the appellate court recognized that a single incident — one touch — may create a hostile work environment.

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I’m feeling generous today. And that’s strange because usually I spend my Fridays dangling hundred dollar bills down to the street from a fishing pole in my office, trying to avoid the catch. But, the past few days changed my mindset.

You see, earlier in the week I was introduced to an in-house lawyer who was seeking information on the Family and Medical Leave Act. And, as it so happens, yesterday I received an email from a reader of the blog. Well, not just any reader. This email was from one of my best readers. And she just started a new FMLA blog called Matrix Radar: Adventures in Absence Management and Accommodation. The name alone sounds like something that would not only satisfy the needs of the biggest FMLA dork, but also supply me with the Director’s Cut of Neo and Trinity rescuing Morpheus.

Well, 50% ain’t bad. And I recommend that y’all check out Matrix Radar.

Well, damn.

To those who you who receive my blog posts via email, I’m sorry. Yesterday, we had some technical difficulties and my card check post didn’t make it into your inbox.  I realize that for some of you — ok, all of you — my blog posts are an icy-cold bottle of beer in the arid desert that is your mid-week slog. Again, I’m sorry. I’ll release the wrongdoers from the shackles in my basement do better.

But just to be safe, as a Versace belt to the Hermes suspenders, you may want to like The Employer Handbook on Facebook. Every post is shared there.

Now, back to employment law and what-not.

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Bernie Sanders by Gage Skidmore.jpgRemember the Employee Free Choice Act? Back in 2009, the Employee Free Choice Act, also known as “card check,” was introduced in both the Senate and House. The bill had three components:

  1. Requiring that an employer recognize a union if over half of the employees in the proposed bargaining unit signed union authorization cards (as opposed to voting for a union through a secret-ballot process);
  2. Expedited contract negotiations; and
  3. Harsher fines for unfair labor practices

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Mr. Burns

“Smithers, refill my lime rickey. And find me a dunce cap. Post haste.”

The Americans with Disabilities Act requires employers to provide a reasonable accommodation, upon request, to an individual with a disability to enable that person to perform the essential functions of the job. Oftentimes, the questions arises: What are the essential functions of the job?

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My readers are the best!

On Friday, I received two emails within 15 minutes of one another, encouraging me to blog about this story. Kenneth Hilario at the Philadelphia Business Journal writes about an employee of an NJ company who is suing her employer. What makes this story special? The company allegedly fired the spouse’s husband, the company’s controller, because of his “extreme gas and uncontrollable diarrhea.”

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Morrow gives Bautista a butt slap after a great catch.


Butt slaps are rarely appropriate. Not in the courtroom. Not in the workplace. Even Buttslaps, LLC in Butte, Montana frowns on butt slaps at work.

(I totally made that last part up. Don’t Google it).

Where am I going with this? Hell When an employee sues for sexual harassment, he or she must prove several elements. One of those elements is that the employee was offended by sexual conduct directed at them.

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Trade Secret
Yesterday, I had the privilege of presenting a webinar for LexisNexis with my colleague, Larry Holmes, and Sterling Miller. Larry and I have served in the restrictive-covenant trenches together many times. Sterling serves as Senior Counsel at Gober Hilgers. He’s also the former General Counsel and Chief Compliance Officer to Sabre Corporation and former General Counsel to Travelocity.com. And without any prodding from me, Sterling admitted to reading this blog. Clearly, he’s good people.

Anyway, about that webinar. The three of us riffed for an hour and twenty on the ins and outs of non-competition and non-solicitation agreements. Plus, we offered some drafting tips and discussed ways to protect confidential information. And, of course, I couldn’t resist intersecting those topics with social media. Secret sauce, anyone? At the end, we took 15 minutes of questions from folks like you.

If you’d like to get a copy of the webinar, I’m pretty sure that I can hook you up. (Don’t let me down, Lexis!) Drop me a line and I’ll do my best to take care of you.

And before I leave you for today *** burp *** — I’m all class, folks. For those of you in the Lehigh Valley, if you’re going to attend the SHRM Lehigh Valley October Conference next week, we need to connect IRL. With a few of my friends from the EEOC, my presentation will walk you step-by-step through the process of how to address an EEOC Charge of Discrimination.

Oh, who are we kidding?!? None of my readers have ever had to experience that, amirite? But, just in case you’re, err, asking for a friend, let me know, so you can shower me with praise and dollars, but, mostly dollars I can look out for you.

Image Credit: Benjamin Chun on Flickr.