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The Employer Handbook Blog

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From the archives: “How do you handle FMLA and FLSA for a snow day office closure?”

Yes, those are two of my children. (Not pictured: “Dad of the Year” Trophy) A little over two years ago, I blogged here about how the Fair Labor Standards Act and Family and Medical Leave Act may impact your business if it closes for a day due to inclement weather. Now…

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When is working overtime an essential job function? (Psst. I’ll tell you.)

Image Credit: “Whisper” by Jamin Gray on Flickr (https://www.flickr.com/photos/jamingray/1056525232) //embedr.flickr.com/assets/client-code.js Today, I’m going to revisit a topic that I’ve previously discussed a few times on the blog (here and here); namely, when is working overtime an essential job function under the Americans with Disabilities Act? The quick answer is: the employer…

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No one ever said that this FMLA stuff would be easy.

Image Credit: Pexels.com (https://www.pexels.com/photo/black-calendar-close-up-composition-273011/) Under the Family and Medical Leave Act, an eligible employee is entitled to take up to 12 weeks of job-protected leave in a 12-month period. So, what happens if an employee exhausts 12 weeks of leave and doesn’t return to work on the next working day?…

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HELP! DocketBird, PacerPRO, or Bloomberg Law? What’s the best for docket tracking and searches?

Image Credit: Tim Green on Flickr (https://www.flickr.com/photos/atoach/11825045214) Attorneys, I could use your help. I’d like to invest in a product that can track federal dockets (so that I can be first to alert clients and prospects about new litigation) and also have access to federal pleadings in real time (to…

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BOOKMARK THIS: A blueprint to providing an employee with a religious accommodation

Image Credit: Pixabay.com (https://pixabay.com/en/blueprint-ruler-architecture-964629/) I started the week presenting to HR audiences in DC and NJ about accommodations under the Americans with Disabilities Act. Today, I want to pivot into religious accommodations by highlighting a recent federal court decision, which can teach employers a thing or two about how to engage…

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Here’s a nice recap of my #SHRMleg “Becoming an ADA Expert” session

By rp72 (Opening o2 Arena London Bon Jovi) [CC BY 2.0], via Wikimedia Commons“In a packed room at the 2018 SHRM Employment Law and Legislative Conference in Washington D.C., Eric Meyer of FisherBroyles, LLP provided practical guidance for HR Professionals so that they can handle an ADA accommodation situation at…

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NJ advances bill that would ban confidentiality provisions in any settled discrimination claim

Photo by Kristina Flour on Unsplash Some states, like the Commonwealth of Pennsylvania for example, have responded to the #MeToo movement by drafting legislation that would ban confidentiality provisions in private sexual harassment settlements. The State of New Jersey has taken it one step further. Before I get to that,…

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Indeed, there are 50,000 reasons to avoid “age will matter” in an applicant’s rejection email.

Photo by rawpixel.com on Unsplash Remember that blog post I had last Spring. I’m talking about the one about an employment agency that allegedly emailed a job applicant the following cringe-worthy, what we’re really saying here is “sue me” rejection email: “Thanks for your reply. I check the details of [sic] you. And…

Posted in: Age
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Philadelphia moves one step closer to requiring sexual-harassment training for all City employees

Now, it’s up to the voters. Yesterday, on International Women’s Day, Philadelphia City Council passed a bill that will require the City to provide sexual-harassment training to all of its employees and officers. In May, when City residents go to the polls, they will decide whether to amend the Home…

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Court: Firing an employee because she is transgender has to be sex bias under Title VII

Photo by Sharon McCutcheon on Unsplash What a long, strange trip it’s been for one particular transgender-discrimination lawsuit. Back in 2014, the U.S. Equal Employment Opportunity Commission used a Michigan funeral home and alleged it violated Title VII by firing an employee because of her transgender or transitioning status and her…

Posted in: Sex