April, 2014

The ADA may require companies to accommodate employee theft. Yep, stealing.

April 16, 2014 | by Eric B. Meyer

Back in 2011, the U.S. Equal Employment Opportunity Commission sued Walgreens from disability discrimination. Specifically, the EEOC claimed that Josefina Hernandez, a cashier at Walgreens’ South San Francisco store, who suffered from diabetes, was on duty when she opened a $1.39 bag of chips because she was suffering from an attack of hypoglycemia (low blood sugar).

The EEOC further alleged that Walgreens knew of Ms. Hernandez’s disability and fired Ms. Hernandez after being informed that Hernandez had eaten the chips because her blood sugar was low, even though she paid for the chips when she came off cashier duty.

It’s all here in the EEOC’s September 2011 press release.

What are employers doing about employees who do their taxes — at work!?!

April 15, 2014 | by Eric B. Meyer

Today is tax day, or, as I like to call it, sonofa—!

Actually, I get a nice refund this year. I guess that’s what happens when you have four kids under five. Which reminds me, I should ask, do any of you babysit? Because I have Verizon Fios and a jar of Marshmallow Fluff to sweeten the offer.

What? Where was I?

This is one badass labor and employment law roundtable

April 14, 2014 | by Eric B. Meyer

Recently, several local lawyers and I participated in a labor and employment law roundtable for The Legal Intelligencer.

Actually, the table was rectangular. But, the coffee and muffins were free, so I didn’t complain.

Well, not until I dropped my pants and mooned the employee-rights lawyers on the panel. Trust me, they had it coming.

A 79-year-old teacher was fired for refusing to unfriend her students on Facebook

April 11, 2014 | by Eric B. Meyer

A teacher getting in trouble for something having to do with Facebook?

You don’t say…

The full story, plus another state has passed a social media workplace privacy law. I’ve got it all for you after the jump…

* * *

What’s hot at the EEOC? Plus, a legal roadmap for managing the aging workforce.

April 10, 2014 | by Eric B. Meyer

Thumbnail image for bagelcreamcheese.jpg

Whatcha doin’ two weeks from today?

Want to grab some breakfast with me? Maybe hear about what’s hot at the EEOC and get a legal roadmap for managing the aging workforce?

In you’re in the Philadelphia area and would like to learn more about these topics, then come on down to our offices on Thursday, April 24 at 8:30 AM for a free presentation with a complimentary continental breakfast. Lawyers can get CLE. HR credits will also be offered.

Playing golf and having sex are major life activities under the ADA

April 9, 2014 | by Eric B. Meyer

When Congress enacted the Americans with Disabilities Act Amendment Act, which went into effect on January 1, 2009, it indicated that one of its purposes was to “convey that the question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis.”

I vaguely recall some of the floor discussion in anticipation of the passage of the ADAAA:

“I yield to the Senator.”

ACA Update: Why Your Company Should Be Tracking Employees’ Hours Now

April 8, 2014 | by Eric B. Meyer

My Dilworth Paxson colleagues, Matthew Whitehorn and Richard Smolen, recently published an important alert about how keeping good employee records now can help protect your business from future “play or pay” penalties under the Affordable Care Act (Obamacare).

You can view a copy of it here.

Tomorrow, I plan to be less lazy and actually have a post of my own.

Announcing The Employer Handbook LinkedIn Group

April 7, 2014 | by Eric B. Meyer

Drums, please.

[Eh. Let’s try that again…]

Drums, please!

3d Cir. on FLSA successor-in-interest liability. Or, as I like to put it, “No Blog Hits” Day

April 4, 2014 | by Eric B. Meyer

I was on such a roll this week.

You guys were digging the heck out of my peeing in the breakroom post, David Crosby the alcoholic, and the one about a supervisor offering cash to sleep with an employee’s wife.

You know who even read that last one? Scan down to the blog comments. Yep, that’s a comment from the plaintiff himself. OMG!!!

2 million reasons to avoid the EEOC’s same-sex-harassment crosshairs

April 3, 2014 | by Eric B. Meyer

Last night, I read this press release from the United States Equal Employment Opportunity Commission, announcing a $2 million recovery for 50 male employees of a New Mexico automobile dealership.

What happened, you say? From the press release:

“In its lawsuit, the EEOC charged a former lot manager, James Gallegos, under the direction of Charles Ratliff, Jr., then general manager, with subjecting a class of men to egregious forms of sexual harassment, including shocking sexual comments, frequent solicitations for oral sex, and regular touching, grabbing, and biting of male workers on their buttocks and genitals. The EEOC also alleged that Pitre retaliated against male employees who objected to the sexually hostile work environment. During the pendency of the lawsuit, the retaliatory actions of Pitre raised such concern that a U.S. District Court judge granted a preliminary injunction against Pitre, prohibiting the dealership and all of its agents from threatening or engaging in retaliatory actions against case participants.”