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The Employer Handbook Blog

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Eminem’s take on federal anti-discrimination administrative exhaustion requirements. Probably.

Mika-photography [CC BY-SA 3.0], via Wikimedia Commons“Look, if you had one shot, one opportunity, to seize everything you ever wanted – one moment. Would you capture it or just let it slip?“ You sippin’ on some of Snoop Dogg’s Gin and Juice again, Eric? No, just some seltzer. But, it’s…

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Everything you’ve ever wanted to know about employee opioid and marijuana use in the workplace

Image by Steve Buissinne from Pixabay Last week, I participated on a panel on which a few of us employment lawyers discussed the pitfalls and best practices for dealing with issues related to employee opioid and marijuana use in the workplace. Now, did we cover everything that companies want to…

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“An employee who has suffered a heart attack has enough to deal with without having to face unlawful discrimination and unemployment.”

Image by InspiredImages from Pixabay Continuing yesterday’s HR Compliance 101 theme, I revisited the EEOC Newsroom and found a recent release that addresses some considerations for when you have an employee that needs leave from work to treat for an illness. Today’s lesson is a pragmatic and compassionate approach to…

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Grab the tack hammer. It’s the ‘Tommy Boy’ of employment discrimination stupid.

Image Credit: Tommy Boy (screenshot from Vimeo.com) Last week, I wavered about whether to include a line from Tommy Boy in a brief that I was drafting: “I tell ya what. If you don’t know how to fasten your seatbelt, just raise your hand and I’ll have Tommy Boy here come…

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You can’t fire an employee while on FMLA leave. Except when you can.

Image Credit: Pixabay.com Yesterday, I was reading this case about a woman who was fired while taking leave under the Family and Medical Leave Act. She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled. An employee fired while…

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The largest HR organization in the world ❤’s the DOL’s proposed overtime rules. Mostly.

By Source, Fair use, Link The Society for Human Resource Management has commented on the United States Department of Labor‘s proposed changes to the current overtime rules. Spoiler alert: SHRM likes ’em. Salary level. In case you need your recollection refreshed, back in March, the DOL indicated that it would…

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The owner’s son was fired for peeing on a child’s cancer memorial. Lessons on accountability and off-duty conduct.

The owner of a plumbing company fired his son who is accused of urinating on a memorial dedicated to a boy who died from cancer in 2012. That’s according to multiple news reports, including this report from Colt Shaw of the Press of Atlantic City Apparently, a friend recorded the…

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2020 presidential candidate Kamala Harris just floated ‘the most aggressive equal pay proposal in history.’

United States Senate [Public domain], via Wikimedia CommonsYep, this plan packs a punch. So, let’s head over to Ms. Harris’s campaign website to see what this is all about. It says here that companies will be required to prove that they’re not paying women less than men for work of…

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What does a $3.3M jury verdict for race discrimination by a strip club look like? I’ll show you.

Image Credit: Google Street View It doesn’t look so good if you are the defendant. Last week, a Mississippi federal court jury concluded that a strip club in Mississippi had discriminated against five black dancers.  In total, the jury awarded the women $1.5 million in punitive damages, $1.68 million in…

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The House passed the Equality Act to protect LGBT rights at work. Here’s why it won’t become law.

Photo by Sharon McCutcheon on Unsplash Allow me to explain. Eric. remind me. What is the Equality Act? Among other things, the Equality Act would amend Title VII of the Civil Rights Act of 1964, the federal anti-discrimination law for the workplace, to clarify that discrimination based on sex (currently…