Like when referring to the plaintiff (57) and his two co-workers (61 and 67), a boss allegedly remarks, “It’s time you got rid of those old son of a bitches.” Age discrimination, maybe? Hey, before you decide, how about the CEO allegedly saying that the company should have “new blood” and…
The Employer Handbook Blog
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…
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…
By the power of Title VII! Woman called “He-Man” loses gender-bias claim
Look, no one forced you to read this. Or click on that video. Hey, happy Thursday to you from The Employer Handbook. Now, with 100% fewer penis trees. (Yeah, sorry about that. If you got yesterday’s post via email, the free stock image I used — from a database of…
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…
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…
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…
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…
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…
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…