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The Employer Handbook Blog

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The House just delivered a big blow to employment arbitration agreements.

Image Credit: Photofunia.com It’s called the FAIR Act, which stands for the Forced Arbitration Injustice Repeal Act. The FAIR Act would amend the Federal Arbitration Act to prohibit a pre-dispute arbitration agreement from being valid or enforceable if it requires arbitration of an employment, consumer, antitrust, or civil rights dispute.…

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Sometimes, it doesn’t take a law degree to know that an employer may have really screwed something up.

Image Credit: Publicdomainfiles.com (http://www.publicdomainfiles.com/show_file.php?id=13929356417087) I can often draw upon my years of experience as an employment lawyer to predict from reading the first paragraph of a federal court opinion how the court is going to decide the discrimination claim before it. Let’s see what you think. Here’s the first paragraph…

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If one of your employees wears this to work, tell that person to GTHO!

Image Credit: @bstroy.us on Instagram (https://www.instagram.com/bstroy.us/) On Monday, I blogged (here) about a manager who commented on the hands of a female employee who had suffered severe nerve damages to them after a car accident. He called her hands “disgusting.” It didn’t end well for the employer. Over on LinkedIn,…

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Her resignation letter described a “great experience” at work. Then she sued for hostile-environment constructive discharge.

Fred the Oyster [Public domain], via Wikimedia CommonsOne of the first hits when you Google ‘resignation letter’ is this career advice from Monster. The job board offers some tips for crafting a letter of resignation, among them: a statement of intent that you will be leaving your job, the date…

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Hooters 2.0? EEOC says that a lingerie store can’t refuse to hire male salespeople

Image Credit: http://www.freestockphotos.biz/stockphoto/14339 A few decades ago, some men sued Hooters Restaurant, claiming that the purveyor of chicken wings, burgers, beer, and shapely female servers in tight, revealing outfits, was discriminating against males who were denied employment as servers. That case resolved in 1997, with Hooters serving up a multi-million…

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Four mistakes that you and your managers make when firing employees

sailko [Public domain], via Wikimedia CommonsWell, maybe not you and yours. But, read on just in case. Over the weekend, I read this federal court opinion involving a woman’s claims that her former employer violated both the Americans with Disabilities Act and Title VII of the Civil Rights Act of…

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A final word (for now) on the EEO-1 reports that you just love to hate

S nova [CC BY-SA 3.0], via Wikimedia CommonsIs that glass half-full, or is it half-empty? Think about your answer as I provide you with some breaking news on “What You Should Know about EEOC and the Publication of the Notice of Information Collection Regarding the EEO-1.” Let’s get the bad…

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Meanwhile, in France, a court ordered an employer to pay for a married man’s accidental death during sex on a business trip

Image by Wokandapix from Pixabay I don’t know much about workers’ compensation. Apart from a few standard provisions that I have in my employment settlement agreements, I know just enough about it to call a workers’ comp lawyer when I have an issue. Or, like today, I know just enough…

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Five wage and hour goodies for your business. Trust me. This won’t be weird at all.

Image by OpenClipart-Vectors from Pixabay You know that dream? The one where the U.S. Department of Labor shows up on a Sunday to conduct a surprise wage-and-hour audit of your workplace, all the company payroll records have gone missing, and you’re in your underwear. No? Oh, me neither. But, just…

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Get your damn story straight if you’re going to fire someone who just returned from medical leave.

Image by DigitalShards from Pixabay I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing). The plaintiffs in those cases were unsuccessful…