Its seems likes ages ago that I blogged about a Seventh Circuit decision, where the appellate court held that an employment-arbitration agreement with a class-action waiver violates the National Labor Relations Act. Uh, Eric, it was Tuesday. ***stabs inner voice with a Q-Tip*** Well, guess what? Yesterday, in Cellular Sales of Missouri…
The Employer Handbook Blog
Let’s make it official! What say we meet IRL at SHRM Annual Conference? #SHRM16
Around this time last year, I invited readers to connect at the 2015 SHRM Annual Conference and Expo in Las Vegas. Notwithstanding my try-too-hard-to-be-whimsically-irreverent approach, I made some great connections. Now, one year wiser, I’m going to keep it sincere and humble. So, imagine arriving in Washington, DC, only to being…
It’s cases like this that tempt me to become a plaintiff’s employment lawyer
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…
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…