August, 2016

Celebrating an employee accused of domestic violence with a song about domestic violence — bad idea.

August 17, 2016 | by Eric B. Meyer

It is fairly common for Major League Baseball pitchers to have music played when they enter a ballgame. For example, the great Mariano Rivera famously entered games in the ninth inning to Metallica’s Enter Sandman. Aroldis Chapman (pictured above), can hurl a baseball 103 miles per hour with his left hand. He enters games to the sweet soothing Wake Up by Rage Against the Machine.

Except, something changed earlier this week.

There’s a metaphor for the $7 million that the DOL is paying to settle its own employees’ FLSA claims…

August 16, 2016 | by Eric B. Meyer

Wait, it’ll come to me….

Do you need the new FLSA poster? Well, since I asked…

August 15, 2016 | by Eric B. Meyer

We know from Friday’s post that 89% of you are federal wage and hour minimum-wage all-stars. To celebrate, and because I love each and every one of you, the least I could do is hook you up with the U.S. Department of Labor’s new Fair Labor Standards Act (FLSA) Minimum Wage Poster.

Do most employers pay minimum-wage workers more than $7.25/hour? YES! (And it’s not even close)

August 12, 2016 | by Eric B. Meyer

Since July 24, 2009, the federal minimum wage for covered nonexempt employees has been $7.25 per hour. Many states and cities have raised that floor, with some cities, like Seattle, headed to $15/hr.

But, federally, despite pressure from many to raise it, we’ve been stuck at a $7.25 minimum wage for over 7 years.

Is a confidentiality provision in an employee settlement agreement worth the paper it’s printed on?

August 11, 2016 | by Eric B. Meyer

A reader emailed me yesterday.

“Hey Eric, Clients are wondering about value of settlement NDAs after ex-Fox News HWE victims go public despite contracts. Your reaction?”

Yes, your company may get nailed for a hostile work environment created by your customer

August 10, 2016 | by Eric B. Meyer

Just when you thought it was tough enough to keep your own workforce in line.

Yes, we get it already. Permanent light duty is not an ADA reasonable accommodation.

August 9, 2016 | by Eric B. Meyer

The Americans with Disabilities Act requires an employer to provide a reasonable accommodation to an employee with a disability, when doing so will permit that employee to perform the essential functions of the job. Examples of reasonable accommodations include reassigning non-essential job functions to other employees, a transfer to another open position for which the employee is qualified, and temporary light-duty assignments.

But what about permanent light duty?

How far can employees go when discussing politics? Not very.

August 8, 2016 | by Eric B. Meyer

Over the weekend, my HR buddy Heather Kinzie and I exchanged emails about employees discussing politics on social media. Serendipitously, a recent employee firing over an explosive tweet — yeah, I know, shocking — provides with me with some Monday fodder for you.

Those non-competes your employees sign probably violate federal labor law. Or do they?

August 5, 2016 | by Eric B. Meyer

Quit playing with my emotions, Eric.

Sexual harassment — same as it ever was

August 4, 2016 | by Eric B. Meyer

On Tuesday, the EEOC announced here that it had resolved a sexual harassment lawsuit with a Dunkin Donuts franchise for $150,000.

What’s so blog-worthy about that?