Close

The Employer Handbook Blog

Updated:

OMG! A judge ordered a company’s lawyers to complete eight hours of religious-liberty training.

I promised you a doozy today, and I plan to deliver! About a year ago, a federal jury in Texas concluded that a flight attendant’s sincerely-held religious beliefs (specifically, those underpinning her pro-life stance on abortion) unlawfully motivated her labor union and employer to discriminate against her. How mad was…

Updated:

Here’s something you might not have known about the new federal pregnancy accommodation law.

Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing the new Pregnant Workers Fairness Act (PWFA), released proposed regulations for public comments. 275 pages of them. But I only needed the first eight or so to realize that the PWFA, which requires covered employers to…

Updated:

Elon Musk says X will fund legal bills for employees “unfairly treated” for posting or liking on the platform

Screenshot: @elonmusk on X At least that’s what Elon Musk, the billionaire who purchased X (formerly known as Twitter), posted from his X account on Saturday night. He also vowed that there is “no limit” to the funding. Neither Musk nor X has provided further details on the offer, such…

Updated:

New NLRB standards will require even more employee handbook updates. (My kids’ college funds thank you.)

It was bound to happen sooner or later, tbh. As Presidents change from Democrat to Republican to Democrat, the complexion of the five-member (well, four now) National Labor Relations Board flips from union-friendly to management-friendly to union-friendly. And as the pendulum swings hard one way or the other, big “precedential”…

Updated:

Sometimes, the only reasonable accommodation is one where the employee doesn’t work.

Yesterday, we talked about how workplace accommodations that enable an employee to remain at work (and get paid) are generally better than ones that require time off, like an unpaid leave of absence. But sometimes, there’s only one option. Consider this recent Fourth Circuit decision. The plaintiff drove a big…

Updated:

Is do-it-yourself dialysis at work an ADA reasonable accommodation? The EEOC thinks so.

I’ve practiced law for over twenty years, mainly as an employment lawyer. In that time, I’ve lost track of the number of times that I’ve counseled employers on their obligations under the Americans with Disabilities Act. Some of those have involved accommodating employees with end-stage renal disease and adjusting work…

Updated:

A new bill will greenlight federal employment for marijuana users

Tomorrow, I’ll be presenting “Weeding through the Haze: State and Federal Marijuana Laws and Implications” at the U.S. Equal Employment Opportunity Commission’s 2023 EXCEL Training Conference in Washington, DC. Between now and then, I’ll need to update my slide deck. That’s because, last week, Congressman Jamie Raskin (MD-08) and Congresswoman…

Updated:

Yes, you must comply with the Temporary Workers’ Bill of Rights in New Jersey

In February 2023, the State of New Jersey enacted a law that a federal judge described as “novel and landmark legislation aimed at protecting a ‘particularly vulnerable’ workforce from abusive labor practices.” It’s called the Temporary Workers’ Bill of Rights. The judge described the Act as “impos[ing] a variety of…