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The Employer Handbook Blog

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FMLA and attendance awards, how does that work?

Photo By: AR Division, ARH Branch, ARHM Section (https://www.hqmc.marines.mil/Photos/igphoto/202494/) So, glad you asked. I think I can help. This is from the U.S. Department of Labor, which is the federal agency that enforces the Family and Medical Leave Act: An employer may deny a bonus that is based upon achieving…

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Employer sees something wrong with a little bump n’ grind, defeats sexual harassment lawsuit

Allgamenab at English Wikipedia [Public domain], via Wikimedia CommonsEat your heart out, R. Kelly. Earlier this Summer, I carried on about the decision from the Third Circuit Court of Appeals in Minarsky v. Susquehanna County. It’s a sexual harassment case, but not just any sexual harassment case. I called it the…

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From wonky to wonkier, why your arbitration agreement may not be worth the paper on which it is printed?

Image Credit: Pixabay.com (https://pixabay.com/en/printer-fire-flames-broken-38027/) Yesterday, I successfully alienated every reader that doesn’t work in the restaurant industry or otherwise nerd out on Fair Labor Standards Act minutiae. Today, I double down with idiosyncratic arbitration agreements, specifically those possibly used by New Jersey employers. I promise to get back to something more…

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Fair Labor Standards Act Obituaries: The 80/20 Rule

Image Credit: Photofunia.com (http://photofunia.com/results/5beb885c846d785f4e8b456d) The 80/20 rule passed away peacefully on November 8, 2018, when the U.S. Department of Labor issued this Opinion Letter. Rachel Taylor, writing for FoodNewsFeed.com has a nice summary of the 80/20 rule: Since it began on March 2, 2009, the confusing “80/20” rule has been…

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Your 11-month employee just requested FMLA leave. Can you fire her before leave begins in the 12th month?

By J.J. at the English language Wikipedia, CC BY-SA 3.0, Link You’re not seriously considering doing this, are you? Hey! I promised you a big announcement! Yes, I did. Before I stick a pin in your FMLA-shenanigans balloon, I’d like to invite you to a webinar. A webinar? How good could it…

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Google ends forced arbitration of sexual harassment claims. Should you? Then what?

Google Inc. [Public domain], via Wikimedia CommonsThe last month for Google has been big for tech and employment law nerds alike. And I just happen to check both boxes. On the tech side, Google released the latest versions of its flagship phone, the Google Pixel 3 and Pixel 3 XL.…

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A reporter sought an interview with a Senate candidate, but said a little bit more — TMI — after she thought she had hung up the phone.

Image Credit: FreeStockPhotos.biz (http://res.freestockphotos.biz/originals/14/14328-illustration-of-a-telephone-or.png) Spoiler alert: She got fired. Many of us have been there. Someone walks into your office, calls you on the phone, emails or texts you, or whatever it is the Millenials do these days. That encounter rubs you the wrong way. And you respond instinctively, words…

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What if the general release in your severance agreement isn’t as “general” as you think it is? What then?

Image Credit: Pixabay.com (https://pixabay.com/en/checkbook-coupon-fill-check-688352/) On Tuesday, I wrote about severance agreements. Specifically, I suggested that employers benefit from: (1) drafting easy-to-understand agreements; and (2) giving former employees a reasonable amount of time to read the agreement and decide whether to sign. Generally, if you check those boxes, you’ve got yourself…

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It’s unanimous! Supreme Court rules that any public-sector employee 40 years or older may file an age-bias claim

Joe Ravi [CC BY-SA 3.0 ], from Wikimedia CommonsLest you think that eight Supreme Court Justices — Justice Kavanaugh did not participate — can never see eye-to-eye on how to resolve an employment law issue.  Yesterday, the Court unanimously concluded in Mount Lemmon Fire District v. Guido (here) that while the…

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