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The Employer Handbook Blog

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NLRB: Many of your employee handbook policies are probably unlawful.

As is often the case when a Republican sits in the Oval Office, the National Labor Relations Board tilts employer-friendly. Indeed, once President Trump’s two nominees fill two vacancies on the Board, Republicans will hold a Board majority for the first time in 9 years. Until then, I picture the…

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Lawsuit: P. Diddy did it (sexual harassment) right after he and his house guests did it (sex).

When others go high, I go low. Wait a minute! I got that backwards didn’t I?  Dammit! That explains why I didn’t come up with “In Firing Employees, A Bit of Humanity Still Helps.” It’s a pragmatic post inspired by recent events from employment lawyer and blogger, Daniel Schwartz. Instead, I get my…

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New Philly bill aims to shut down local businesses engaging in “severe and repeated” discrimination

This bill introduced in Philadelphia City Council back in April is quietly making its way closer to Mayor Kenney’s desk. And, it could mean the end of the road for Philadelphia businesses that believe that they can discriminate with impunity. Layla Jones from The Philadelphia Tribune reports here that Councilman Derek Green…

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No, the House didn’t really vote “to make it legal for employers to cheat workers out of overtime.”

So, I’m calling you know what on Senator Warren’s tweet last week. Yes, the U.S. House of Representatives did greenlight a measure called the Working Families Flexibility Act of 2017. This bill would allow, in certain situations, the substitution of comp time for overtime. And, if it passes through the Senate, the…

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The best way to prepare your workplace now for President Trump’s new Religious Freedom Executive Order

Yeah, that’s basically it. Keep calm and carry on. There was a lot of talk over the past week or so about how the Presidential Executive Order Promoting Free Speech and Religious Liberty would create carte blanche for discrimination against LGBTQ and women. (Exhibit A, B, C). Yeah, that didn’t happen. Indeed,…

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Because of Sex.

…and because that title has a better ring than “Court Concludes Plaintiff Failed to Establish a Hostile Work Environment as a Matter of Law.” [cue music] Clickbait aside, there’s a point to today’s post. In a way, today’s lesson involves sex education. (Enough already! Stop it, Eric. You’ve got ’em).…

Posted in: Sex
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A trucking company agrees to pay $65K, because it didn’t hire an amputee to drive its trucks

Yep, we’re gonna continue yesterday’s discussion of how stereotyping and false assumptions can create yuuuuuuge Americans with Disabilities Act problems for employers. Last week, the EEOC announced (here) that a Texas trucking company agreed to pay $65,000 to settle a disability discrimination lawsuit. But, not just any ADA lawsuit. This one involved…

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Fear of the Ebola Monster, and acting on other stereotypes, can create scary ADA lawsuits

There are three types of disabilities under the Americans with Disabilities Act: a physical or mental impairment that substantially limits one or more major life activities (an “actual disability”), or a record of a physical or mental impairment that substantially limited a major life activity (“record of”), or an actual…

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Court says setting salary based on pay history is ok. Just don’t base salary on gender. ¯\_(ツ)_/¯

When you have a man and woman performing the same job, you pay ’em the same. Otherwise, you’re violating the Equal Pay Act. Except, an employer can argue that a pay differential is lawful when it’s “based on any other factor other than sex.” [cue music] So, for example, when I’m…

Posted in: Sex