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The Employer Handbook Blog

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Happy belated birthday!

To the Connecticut Employment Law Blog, which just celebrated its ninth birthday on September 14. Authored by my friend Daniel Schwartz, a partner at Shipman & Goodwin LLP, this awesome employment-law blog inspired me to get my employment-law blog on. If you’ve never checked out Dan’s blog, what the heck are you waiting for?…

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She had it up to here with her co-workers, and the company hardly helped. ADA violation? Maybe.

Had I represented the plaintiff in this case, I would’ve found a way to incorporate this .gif into my brief opposing the employer’s motion for summary judgment. {Cue music} Poor, poor Diane St. Amour. She worked for a hospital in Connecticut until, she claims, she was forced to quit. So,…

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Is it legal to fire a server for complaining on Facebook about an NFLer’s 75-cent tip?

TMZ — respect, I get stories from TMZ — reports here that a server at a Maryland restaurant blasted Pittsburgh Steelers running back DeAngelo Williams on Facebook for allegedly tipping him $0.75 on a $128.25 meal tab: “Just now at work I had Deangelo Williams come in and I waited on while tending…

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Will the Supreme Court be the hero that employers need for their class-action waivers?

Is it just me, or do you guys also quote Varsity Blues whenever you hear the Foo Fighters sing My Hero? “I don’t want your life.” Do your employees sign agreements requiring them to arbitrate all claims, while also prohibiting them from pursuing class or collective actions? Yeah, me too. I’ll be damned…

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Soon, all employers may be forbidden from asking about a job applicant’s salary history

Last month, Massachusetts passed a new law, which will take effect in July 2018, and make it illegal for employers to ask about a job applicant’s salary history before making an offer of employment.  As Stacy Cowley at The New York Times reports (here), the impetus for the new law is to…

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Yes, the NLRB will also clobber unions who punish social media complainers

And, you’ll have to excuse me for not clutching my pearls. Protected concerted activity is powerful stuff Like it or not, to a person, we can agree that the rulings flowing from the National Labor Relations Board over the past several years have been largely employee-friendly. This is especially true with cases involving employee…

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Blaming the victim is a bad way to respond to a sexual harassment complaint

Indeed, it cost a southern baptist church $25,000. According to this press release from the U.S. Equal Employment Opportunity Commission, the church is writing that check because: One of its kindergarten teachers complained that the pastor, who was also the school superintendent, had been sexually harassing her; Church officials informed…

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Arm the torpedoes! Full speed ahead with lawsuit against new DOL overtime rules!

There are 85 days left until the new U.S. Department of Labor overtime rules take effect. However, according the a recent report from Chris Opfer and Ben Penn at Bloomberg BNA (here; subscription required), the U.S. Chamber of Commerce is ready to sue. What might the lawsuit say? Under the new…

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165,000 reasons to remember that associational discrimination violates the ADA

165,000 reasons meaning 165,000 dollars. But, you probably figured that out. What the heck is associational discrimination? Well, funny you should ask because, last Summer, I had a post about it. In the context of the Americans with Disabilities Act, associational discrimination occurs when a company excludes or otherwise denies equal jobs…