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The Employer Handbook Blog

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Giveaway Day! My very best leave-management PowerPoint, which I’m presenting today at #SHRMPA

  If your Saturday night consists of nerding up on HR compliance with both the Family and Medical Leave Act and the Americans with Disabilities Act, why fight it? We’re kindred spirits. So, take my hand… Or, maybe just email me — yes, email is better — for the scintillating PowerPoint debuting…

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21 states just sued the DOL to stop the new overtime rules. And your company should…

…continue to prepare as if the U.S. Department of Labor’s new overtime rules will take effect on December 1, 2016, as scheduled. But what’s this lawsuit all about? Read on… Actually, it’s lawsuits, plural. That is, on Tuesday, 21 states filed this complaint against the DOL in a Texas federal…

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Orange Crushed! Jury awards $277,565.44 to a diabetic employee fired for drinking OJ at work

Earlier in the Summer, I blogged here about this federal court opinion, recognizing that a convenience store may have violated the Americans with Disabilities Act by firing a diabetic cashier. The facts showed that the diabetic cashier twice violated the store’s grazing policy by removing bottles of orange juice from the store cooler without immediately paying for…

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What your business can do NOW to prepare for the DOL ‘Blacklisting’ rules and guidance.

In 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order. Folks like me on the management-side refer to this Order as the Blacklisting rules. In general terms (I’ll get a little more specific below), the Blacklisting rules require prospective federal contractors and subcontractors to disclose anything that may appear on…

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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…