Well, maybe not in those words exactly. But, the judge did have some scathing words for the U.S. Equal Employment Opportunity Commission’s take on wellness-program incentives. Remind me. What are these incentive rules? Back in 2016, the U.S. Equal Employment Opportunity Commission passed new regulations impacting wellness programs. Among other things,…
Ah yes. We’re going to attempt to put the “human” in HR today. **clutches icy-cold lawyer heart** In Grant v. Hospital Authority of Miller County (opinion here), the plaintiff filed and was approved for leave under the Family and Medical Leave Act due to complications with her pregnancy. After giving birth…
As I type out this post at 10:15 pm on Sunday evening, there are many reasons why I am thankful that NBC10 in Philadelphia tapped me for an interview that aired on Sunday. Not the least of which is that I can make this blog post a short one, link to…
Yesterday, a LinkedIn user who read Monday’s post, “How would you respond if your employee marched in Charlottesville?” asked his own question, Eric, could you explain more in depth – employment at will vs. Off the job free speech? I got this. At-will employment means that the employee or the employer…
Allow me to explain. When is a lateral transfer a discrimination lawsuit? [cue music] Today’s lesson comes from the DC Circuit’s recent decision in Ortiz-Diaz v. HUD. Here’s how the appellate court summarized the facts and issues: Samuel Ortiz-Diaz was a criminal investigator in the Office of the Inspector General at the…
The Department of Labor does most of the heavy lifting for you. But, today’s blog post is a sobering reminder that when an employer provides DOL-prepared Family and Medical Leave Act paperwork to an employee, it’s just as important for the employer to complete its portion of the forms as…
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Let’s do an FMLA quiz. We know that an FMLA-eligible employee must check three boxes: Work at a location that…
Following a tumultuous weekend in Charlottesville, VA, where a white nationalist march turned deadly, it appears as though at least one attendee will return home from the rally to find himself unemployed. “Unite the Right” attendees are getting outed on social media and apparently losing their jobs. Seth Millstein at…
A lesson on why it’s so important to tell it like it is when firing someone. “It’s not working out.” The plaintiff in McMullin v. Evangelical Services for the Aging (opinion here) began his job as CFO in March 2014. He was 63. Hired by the employer’s CEO, the plaintiff…
The rules of the playground apply with equal force at work. Except, no cooties. [For my email subscribers, sorry about the deluge of posts today. We had some technical difficulties with the email feed over the past two days. I apologize. But, you guys get what you pay for.] Yesterday,…