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Facebook Live and the hella-icky, vomitous workplace implications

Vomitous is a word, right? What is Facebook Live? Facebook Live permits anyone with a Facebook account to whip out their smartphone and broadcast video live to their Facebook friends and followers, each of whom receive a notification when the broadcast begins. For example, right from my desk in Philadelphia, I…

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A Texas judge has enjoined practically all of the DOL “blacklisting” rules

Last night, while you we sleeping in your comfy beds — me, on a pile of money, blogging power and, yes, ego — a Texas federal judge entered an injunction against the final “blacklisting” rules and guidance of the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory Council. What were…

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New report highlights rampant hiring bias against qualified transgender applicants

Hold up. I need to catch my breath after last night’s episode of The Walking Dead. (Don’t worry. No spoilers ahead). Last week, I blogged here about the EEOC’s new Strategic Enforcement Plan. In that post, I singled out the EEOC’s pivot to “clarify[] the employment relationship and the application of…

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Up Next on Destination Checkbook: Firing a bipolar employee for “her mental illness”

Allegedly, of course. Doe worked Directions for Youth and Families, Inc. Doe is bipolar and communicated as much to her employer, which eventually fired Doe. Want to know why? Why, Eric? Welp, here’s the quote from Doe v. Directions for Youth and Families, Inc. (opinion here): At their August 2014 meeting, the…

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Did a federal appellate court just require employers to invent ADA crystal balls?

Actually, as I see it, yes, Eric is utilizing hyperbole. But, this recent Eighth Circuit opinion in a case involving the duty to accommodate under the Americans with Disabilities Act is a dicey one for employers. The plaintiff in Kowitz v. Trinity Health (opinion here) began working  as a respiratory…

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Folks, let’s dispel some FLSA myths about salaried employees

If I had a quarter for every time I heard someone criticize me for acting aloof at Starbucks by ordering a “medium” rather than a “grande” use the term “salaried-exempt,” I could play air hockey all day at Chuck-E-Cheese. Hmm, that sounded less creepy in my head. But, seeing it typed out and…

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The EEOC has released its enforcement playbook for the next four years. Want a peek?

You’re almost there. The only thing that can stop you now is this Calvin Harris tune that’ll get stuck in your head all day. Whew! You made it! Yesterday, the EEOC announced (here) updates to its existing Strategic Enforcement Plan. Under the existing plan, which expires at the end of…

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Getting Back To FMLA Basics: Don’t mess with the pay of an employee on leave

  With all those notice requirements and certifications and such, it’s easy to get bogged down in the minutia associated with an employee’s request for leave under the Family and Medical Leave Act. But, a recent case is a good reminder not to overlook a basic FMLA tenet: an employee…