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ThreeI heard that there was some Supreme Court decision yesterday about healthcare. Want the scoop? Google it.

They zig, I’ll zag with the scoop on some other pending employment-law legislation of which employers should take note…after the jump…

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Oklahoma PumpjackWhen Harold Wasek signed on to work at an oil rig in Pennsylvania, he had no idea what lay in store for him, especially when one of his co-workers discovered that Wasek would get easily riled with sexually explicit stories, jokes, fantasies, and names.

  • “You’ve got such a pretty mouth.”
  • “Boy you have pretty lips.”
  • “You know you like it, sweetheart.”

Wasek complained to his supervisor. But the harassment worsened. He was touched in a sexual manner: grabbing his buttocks, poking him in the rear with a hammer handle and something described as a long sucker rod.

So Wasek sued claiming sex discrimination. And he lost. Why? Because his harasser was a straight man.

Seriously.

I’ll explain after the jump…

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I’m a fairly easy-going guy. My buttons don’t get easily pushed, I’m not easily riled, and I rarely get angry.

But, when I get fired up….look out, sucka!

One thing that really gets me going is when others fail to accept accountability for their mistakes and do nothing to fix them. As I punch out this blog post on my flight back from Atlanta following the SHRM Annual Conference and Expo — a truly first-class event that both HR professionals and employment lawyers should make it a point to attend at least once — all I can think about is an incident that occurred at my hotel, of all places.

It’s an unexpected reminder, one that separates the truly great from the good, that I’d like to share with you, after the jump…

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See, Hear and Speak No EvilYou’re looking to hire a new salesperson. Scott Salesperson comes in to interview. He currently works for your top competitor.

“Scott, do you have a non-competition agreement?”

“No.”

“Scott, do you have a confidentiality agreement?”

“No. In fact, I have a list of my own customers that I could sell to if you hire me.”

Sounds good, right. But, before hiring Scott, do you have any obligation to independently verify the facts that Scott has represented?

New Jersey employers will definitely want to click through because, last week, the New Jersey Supreme Court answered…

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Today we have a guest blogger at The Employer Handbook. It’s Kristie Lewis. An expert in the construction industry, freelance writer Kristie Lewis offers tips and advice on choosing the best construction management colleges. She welcomes any questions and comments you might have at Kristie.lewis81@gmail.com.

And if you want to guest blog at The Employer Handbook, then email me.

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shrmlogo.jpgLess than one week to go before the 2012 SHRM Annual Conference and Exposition kicks off. I’ll be there. And here’s where we can meet up:

Monday night you can find me discussing cutting-edge HR/employment-law issues at The Official #SHRM12 TweetUp & Afterparty powered by SHRM & Glassdoor. And if you believe that, I’ll let you buy the first round. I prefer Johnny Blue and Cristal boilermakers. Cuz I’m a baller.

At 10 AM on Tuesday, I’ll be bright-eyed and bushy-tailed for Live from the HIVE, Social Media Policy 101, for a Q&A with my buddy Curtis Midkiff. I’ll hang out afterwards to discuss any questions you may have. Those who bring me Red Bull Sugar Free will get their questions answered first. Unless, of course, you have cash.

Union YesAs y’all know, the National Labor Relations Board has taken quite a beating recently in the courtroom. First, the Board was forced to delay requiring employers to post a union-rights poster in the workplace. Then, a federal court voided the Board’s “quickie” union-election rules.

But, this Board is resilient. This Board is determined to encourage your employees to seek strength in numbers. How does the Board plan to spread its message? Find out after the jump…

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Thumbnail image for Supreme Court.jpgUnder the Fair Labor Standards Act, a company must pay overtime to non-exempt employees who work over 40 hours in a particular workweek. Non-exempt, huh? That implies that the FLSA also contains various exemptions from overtime pay for employees who meet those requirements. Indeed it does. One of those exemptions is called the “outside sales” exemption. To qualify for the outside sales employee exemption, all of the following tests must be met:

  1. The employee’s primary duty must be making sales (as defined in the FLSA); and
  2. The employee must be customarily and regularly engaged away from the employer’s place or places of business.

The pharmaceutical industry is chock full of sales representatives whose job it is to go to doctors’ offices and convince physicians to place orders with drug makers. However, these sales reps never actually transfer title to the drugs. That is illegal in the drug industry.

So then, the question is, do these sales reps qualify for the FLSA’s outside sales exemption? Well, funny you should ask, because that’s what the Supreme Court decided yesterday (here). Details after the jump…

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Born Again

I’m a firm believer that discussing religion (or politics) at work is a recipe for disaster. On this blog; however, if it’s employment-related, then that’s how we roll…

And, after the jump, we roll into Oklahoma and discuss whether it’s ok for a lighting company to require that it’s employees be born-again Christians. (Hint: It’s not ok).

(If you’d rather read about the Oklahoma City Thunder and the NBA Finals, I understand).

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“Doing What’s Right – Not Just What’s Legal”