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The Employer Handbook Blog

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Do you force employees to arbitrate class-action claims? Then, you should read this…

  As I think about all of the agreements with arbitration provisions that I’ve drafted for clients over the years. ***wipes brow, tugs collar, clutches pearls***  Certain arbitration agreements may blunt certain federally-protected rights employees have to discuss working conditions with one another. The National Labor Relations Board is not fond of…

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Can an employee go out for a beer while on intermittent FMLA leave?

This post seems timely, seeing as most of your employees claiming a Friday-of-Memorial-Day-Weekend migraine are going to do this anyway. Kidding, I’m not that jaded. (You guys; however, I’m not so sure)… No, I’m sure. Yesterday’s He-Man poll cements it. A whopping 33% of you responded that Skeletor is your favorite He-Man…

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Got disability-leave questions? Two greats have your FMLA/ADA HR answers.

Folks, if I were on a deserted island with no wi-fi, but just enough battery power and 4G LTE signal to stream one compliance webinar — welcome to deserted dork island — I’m tuning in to EEOC’s New Resource on Leave as an ADA Reasonable Accommodation: A Closer Look with EEOC Commissioner…

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Fact or Fiction: The statute of limitations on a constructive-discharge claim starts when the employee quits

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” There are times when an employee claims that his working conditions have become so intolerable — a really, really bad…

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Can a plaintiff change her social media privacy settings after filing a lawsuit?

Sure, she can. But, could that lead to court-ordered sanctions? Say it with me, “It depends.” [Cue music] In this post at the Technology and Marketing Law Blog, Venkat Balasubramani, examines a recent decision in Thurmond v. Bowman, where a NY federal magistrate judge rolled up her sleeves and examined a party’s duty…

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Company pays $250K to settle employee’s bias claim. The one where his manager maybe peed on him.

Although, it could’ve been worse. Seeing as the going rate for poop discrimination is $2.25 million. Cue mildly inappropriate music. Kurt Orzeck at Law360 reports here (subscription required) about a recent settlement — actually a consent decree — entered into between a North Dakote employer and a Filipino employee who sued…

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Wacky interview questions have nothing to do with DOL overtime rules

Anyone else need a day off from being bombarded with lawyers talking about the Department of Labor’s new overtime rules? I feel ya! We’ll take it light today. Recently, the folks at Glassdoor compiled its annual list of the Top 10 Oddball Interview Questions. Actually, it’s a top 10 for 6 different countries (60…

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The new DOL overtime rules are here. You’ve got HR questions? I have answers!

Last night, the U.S. Department of Labor published its final rule updating the Fair Labor Standards Act overtime regulations. Unless you’ve been living under a rock, if you dabble in human resources, you’ve heard a thing or two about these changes, which the White House has touted as automatically extending overtime pay…