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The Employer Handbook Blog

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Court: Free speech may protect city employee’s Facebook post about wanting to kill Tamir Rice

Image Credit: https://www.publicdomainpictures.net License: CC0 Public Domain I’ve said many times before on this blog that employees always have the right to freedom of speech — even on social media. But, words have consequences. And no law guarantees the right to continued employment. But, there are limited exceptions to that…

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An indefinite leave of absence may be an ADA reasonable accommodation. Wait, WHAT?!?

Image by ErikaWittlieb from Pixabay As employment lawyers, we counsel clients that there is no one-size-fits-all approach to requests for reasonable accommodation under the Americans with Disabilities Act. Indeed, they are very fact-specific. Although, there is one fundamental immutable truth; namely, a request for an indefinite leave of absence is…

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The National Labor Relations Board ain’t got nothin’ on NJ when it comes to COVID-19 whistleblowers

Image Credit EpicTop10.com (Attribution 2.0 Generic (CC By 2.0)) If, during this pandemic, you do business in a state with a robust whistleblower law, keep reading. Yesterday, over at the Coronavirus Law Blog, my friend Jon Hyman wrote here about a nurse who was fired after refusing to share gowns…

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COVID-19 doesn’t prevent claims of sexual harassment. Just ask a certain hockey mascot. 🏒🦁

Santeri Viinamäki / CC BY-SA We’re in the middle of a pandemic. While telework and ‘social distancing’ don’t eliminate the possibility of a sexual harassment claim, let’s face it, we’re not exactly in the same #MeToo world as we were last year. But that doesn’t mean that businesses can take…

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It’s a mini COVID-19 Q and A! (Before I see y’all on Zoom today at Noon EDT.)

Marcin Wichary / CC BY Before we see what’s in the mailbag, here’s your final reminder to register (here) for today’s free Zoom session at Noon EDT today with me and some of my friends from the EEOC. We’re going to be talking mediation, pro-tips, and the new pilot program.…

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An internal DOL audit reveals the three ways in which COVID-19 has hampered the agency

Image by Лечение наркомании from Pixabay Let’s give credit where credit is due. When Congress passed the Families First Coronavirus Response Act, the U.S. Department of Labor’s Wage and Hour Division had the unenviable task of creating and implementing supporting guidance, enforcing the law, and tending to all of its…

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Businesses insisting on negative COVID-19 tests is, like, so three weeks ago.

Centers for Disease Control and Prevention / Public domain The other day, I read this story about a local attorney who appeared in court in person — even though she knew that her young son was at home with COVID-19. Her decision so inflamed the judge that he immediately closed…

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Must you consider transferring a problem employee before lumping him in a COVID-19 reduction in force?

Bjornsphoto / CC BY I’m reminded of the Mötley Crüe hit Same ‘Ol Situation (S.O.S.). The actual lyrics have nothing to do with employment law — sexual harassment, maybe? — but I digress… The song title carries a little HR lesson today; namely, just because your company is going through…

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Oh, by the way, the CDC has new guidance on wearing masks

Image Credit: Twitter Hopefully, your workplace looks nothing like back to school at this Georgia high school. (More on that here.) Instead, your business should have a return-to-work plan that includes social distancing (not pictured here) and mandatory face masks for employees (also not pictured here). And, speaking of face…

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I have new guidance for employees struggling with substance abuse issues during this pandemic

(U.S. Air Force photo illustration/Tech. Sgt. Mark R. W. Orders-Woempner) Technically, the new guidance is from the EEOC. But, since this is my blog, I’ll take credit for sharing it. Before I detail this new guidance, I’ve got some other big EEOC news! That is, several of my friends from…