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The Employer Handbook Blog

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Yes, litigators must come to the office and go to court, says federal appellate court

Bad news for all you coffee-shop lawyers out there. ***ducks lightning bolt*** About a year ago, I blogged here about a litigation attorney with the State of Louisiana. She has a “disability” under the Americans with Disabilities Act. On account of her illness, the U.S. Department of Justice accommodated the litigator by allowing…

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A worker can sue his employer and the company’s lawyer for FLSA retaliation, says Ninth Circuit

Let’s go live to California for an immediate reaction from the defense bar… I’d like to start by apologizing to the State of New Jersey. You’ve got a long way to go and, hopefully, you never get there. Now, let’s check out the Ninth Circuit’s opinion — actually, it’s here — in…

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He was fired for a Facebook post, but can he still collect unemployment benefits?

An employee who lost his job for badmouthing his boss on Facebook should still collect unemployment benefits, according to the Rhode Island Supreme Court. Ain’t that a wicked pissah. It’s further proof that employees can get away with doing a lot of bad stuff on social media. For example, do…

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While unfair stereotypes continue to fuel age bias in the U.S., here are ten ways to avoid them.

It was right at the moment that I thought that I’d recovered from Saturday night’s disco inferno and baseball extravaganza, when I realized, yesterday, that I’d paired DC Comics with Marvel by coming to work in Batman socks and Guardians of the Galaxy II boxer shorts. Hopefully, my reader won’t…

Posted in: Age
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Bah Gawd! DOJ turns face and will support class-action waivers in Supreme Court battle

  Consider this my attempt at “Serenity now” after chaperoning eight kids eight and younger at a Philadelphia Phillies game on Saturday. With a rain delay. And the tiny dancer featured above. Fortunately, we left the ballpark with all of the kids. I think. Hopefully, my oldest son, Brooks, enjoyed his birthday.…

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Change is on the way in NJ to how employers can conduct background checks

On Tuesday, NJ Governor Chris Christie issued this press release announcing bipartisan legislation designed to strengthen New Jersey’s already existing ban the box law, known as “The Opportunity to Compete Act.”  NJ’s ban the box law, which I previously blogged about here, makes it unlawful for companies with 15 or more…

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Bloomberg’s in depth coverage of social media sex shenanigans at work is too good not to share

I know good clickbait when I see it. LinkedIn, Tinder, Potato, Potato. First, Polly Mosendz and Rebecca Greenfield report here at Bloomberg.com about how a managing director allegedly misread the signs and took a less orthodox approach to recruiting a candidate. He used his corporate LinkedIn account to share a picture…

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ADA Pro Tip: Don’t order an employee to flush her meds down the toilet

That is stupider than stupid stupid. It’s also a central allegation in this complaint that the U.S. Equal Employment Opportunity filed in a Georgia federal court last week. Here’s more from the press release: Hester Foods, Inc., the operator of a Kentucky Fried Chicken restaurant franchise in Dublin, Ga., violated federal law…

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586,860 and 3/4 reasons not to question the sincerity of an employee’s religious beliefs

Nearly four years ago, I blogged here about a complaint that the U.S. Equal Employment Opportunity Commission had filed against a West Virginia coal company. The lawsuit alleged that the employer failed to accommodate an employee who requested not to use a biometric hand scanner to track time and attendance. Why? Because…