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The Employer Handbook BlogIf Full-Time Remote Work Would Eliminate an Essential Function, You Don’t Have to Offer It
COVID-era telework was an emergency exception. Courts aren’t treating it as a permanent rewrite of job requirements.
Your Whistleblower’s Old Retaliation Claims Aren’t Necessarily Dead. A NJ Court Just Showed How.
A pharmaceutical company’s compliance officer claimed she spent years flagging what she believed were Anti-Kickback Statute violations. What followed, according to her complaint: bogus HR investigations, a forced apology, a retaliatory performance review, a final warning memo, interference with her medical leave while she was undergoing cancer treatment, and ultimately termination. The employer moved to dismiss on statute of limitations grounds. The New Jersey Appellate Division just reversed.
Denied Every Religious Exemption Request, Attempted No Accommodations, and Still Won
Sometimes the facts supporting a religious accommodation denial are so strong that skipping the accommodation process doesn’t sink you. This healthcare employer found that out — and the 9th Circuit’s reasoning tells you exactly why.
She Complained About Harassment, Got a Protective Order, and Was Fired the Next Day. An $80K Lesson in Bad Timing.
According to the EEOC, an employee complained about six months of sexual harassment. Her employer allegedly did nothing. So she went to court, got a protective order against the harasser, handed a copy to HR, and was fired the next day. The harasser kept his job.
The EEOC Wants to Kill the EEO-1. Here’s What Employers Should Do in the Meantime.
The EEO-1 filing requirement has existed since 1966. It may not exist much longer. Continue reading
The DOL Just Made It Official: The 2024 Overtime Rule Is Gone and the $684 Threshold Is Back.
The 2024 overtime rule is officially gone from the federal rulebook. Courts killed it a year and a half ago; the DOL just got around to the paperwork.
A “Repugnant and Racially Hostile” Blackface Doll Hung by a Noose At Work. It Still Wasn’t Enough for a Hostile Work Environment Claim.
The court called it “repugnant and racially hostile.” It still wasn’t enough. A recent appellate decision affirming summary judgment for the employer on a hostile work environment claim is a useful reminder of how high the severe-or-pervasive bar actually is.
One DEI Training Wasn’t Enough to Create a Hostile Work Environment. Four Complaints Weren’t Enough Either.
The bar for a hostile work environment claim is “extremely high.” A White correctional officer just found out how high.
Two Pilots Abused Sick Leave While Serving in the Military. USERRA Didn’t Save Them.
One pilot called in sick with the flu and went skiing. He also called in with a knee injury and flew military jets the same day. The other pilot claimed he was too sick to fly and then flew jets for the military instead. The Eleventh Circuit says the airline was right to push them both out.
New Jersey’s Independent Contractor Rules Are Now Official — And the Burden Is All Yours
Fail any one of the three prongs of New Jersey’s ABC test, and the worker is your employee. The Department of Labor adopted new independent contractor rules on May 5, making that standard official in binding regulation, and employers have until October 1 to get their contractor relationships in order.