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The Employer Handbook Blog

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Can a man claim pregnancy discrimination? A man, baby!

Austin Powers, Eric? Yeah, sorry. I’m all tapped out after yesterday’s fantasy football spectacular. So, pregnancy-discrimination, eh? The facts in Estate of Andrew Tyler Pennington v. Southern Motion, Inc. (opinion here) are rather straightforward. Mr. Pennington worked for Southern Motion, Inc. According to the plaintiff, shortly before Mr. Pennington’s employment with Southern Motion…

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Hot takes on Ezekiel Elliott from an employment lawyer who plays fantasy football

Finally, I’m putting this law degree to good use. Today, you get this employer lawyer’s insights on not only the status of National Football League Players Association‘s efforts to overturn the National Football League‘s 6-game suspension of Ezekiel Elliott, but also real information about when Elliott may return to action. The…

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Promoting a new business on Facebook could violate a non-competition agreement. Who knew?

Actually, pretty much everyone.That includes, most importantly, the relevant portion of the three-judge Pennsylvania Superior Court panel in this recent opinion. The case, Joseph v. O’Laughlin, doesn’t involve an employment relationship. Rather, the plaintiff and defendant entered into an asset purchase agreement, which included a covenant not to compete. Among…

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Your company’s generous parental leave benefits could actually trigger a discrimination lawsuit

Just before the Labor Day weekend, I blogged here about an Americans with Disabilities Act complaint filed in federal court by the U.S. Equal Employment Opportunity Commission that should have employers scrutinizing their leave policies and procedures. Today, I’ve got news of another EEOC lawsuit filed in my backyard in the Eastern…

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Hear that? It’s the fat lady singing about the U.S. Department of Labor’s proposed OT rules.

Yesterday, a Texas federal judge killed ’em dead. Now, I could go on for a few hundred words and re-explain the entire history of the overtime rules. But, it’s five o’clock somewhere and Kate Tornone did all of the heavy lifting already in this article for HRDive.com. So, put down your adult…

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Does the ADA ever require six months of employee leave? Sure does, says the EEOC.

Is this the face of a company that would fire an employee who was on leave receiving treatment for breast cancer rather than granting her request for additional leave for more treatment? Yes indeed according to the U.S. Equal Employment Opportunity Commission.According to this press release and this complaint filed in…

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If you own a restaurant, and pay servers more than minimum wage, can you keep customer tips?

A few years back, some progressive (?) restaurants around the country made headlines by paying their waitstaff more than minimum wage and putting the kibosh on customer tips. This broke with the traditional way of paying customarily-tipped employees in scratch offs and iced animal crackers. That is, most employers would pay the minimum-required…

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I’ve got two FREE HR-compliance seminars next month to help you address an aging workforce

As we celebrate the 50th anniversary of the Age Discrimination Employment Act (ADEA), the U.S. Equal Employment Opportunity Commission is determined to make the ADEA “more relevant than ever.” Translation: If your workplace doesn’t get its act together soon, come 2018, you’re gonna be like this if the agency or a…

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A “too cute” employee, her boss’s ex-Playmate wife, and maybe some sex discrimination

Honestly, I generally try not to resort to clickbait ledes or trending terms like Donald Trump, Taylor Swift, Solar Eclipse, Game of Thrones finale spoilers, and leaked Apple iPhone 8 images, to increase web traffic. That’s beneath a professional ***fart*** blogger like me. But, since you’re here, please form a single-file…