Even a true “Pastafarian.” Most employment lawyers — especially us blogger types — are Godlike creatures never at a loss for a good war story. Like that time I sat through the deposition of a construction site employee who testified about how the walls of the control room were covered ceiling-to-floor with…
Hey there, dateless and lonely. Are you a wait-in-line-after-a-SHRM-event-so-you-can-ask-the-speaker-your-random-FMLA-question-“for a friend”-fanboy/fangirl? Then, step right up and head on over to Thompson’s HR Compliance Expert for the latest edition of “Opposing Counsel,” where employee-rights attorney, Donna Ballman, and I spike your HR-compliance dork punch with a splash of FMLA. Actually, it’s a double…
Pennsylvania is about to become the second Commonwealth in the United States to legalize medical marijuana. (23 states — la di da, states — plus DC currently allow it) Does this mean that employees with migraines can puff vape pens and eat Cheetos in your break rooms at work? Actually, I’m pretty…
Let’s say that one of your employees forms a corporation. The sole purpose of the corporation is to accept direct payment of wages for the employee. In other words, this arrangement does not affect the employee’s duties or your control over the employee at work. Indeed, maybe you provide the employee with business cards…
Right around the time that email subscribers to this blog — you can become one too, you know — receive today’s post, I’ll be sitting on an “Ask the Expert” legal panel at the Lehigh Valley Chapter of SHRM saying lawyerly stuff like… “It depends.” and “I’ll get back to you on…
That’s why I kick so much butt with Americans with Disabilities Act accommodations. As a lawyer, I always have to have the last word. LOL! (Or say stuff like, “It depends.”) The ADA duty to accommodate. The ADA requires an employer to provide a reasonable accommodation to an employee, if doing…
The Americans with Disabilities Act requires employers to provide a reasonable accommodation to an individual with a disability, if doing so will allow that person to perform the essential functions of the job. Temporary light duty? Yep, that’s a reasonable accommodation. But, what about permanent light duty? Last night, I was…
A received a number of emails following yesterday’s blog post, “Can you refuse to hire a person whom you fear may have a future disability?” Most were nice. Although, I didn’t appreciate one reader’s virtual flaming bag of virtual dog poop left in my inbox. That person can go to virtual hell.…
Over the next few days. you may read a bunch of headlines about yesterday’s Eighth Circuit decision in Morris v. BNSF Railway (opinion here), touting the court’s holding that obesity, by itself, is a not a disability under the Americans with Disabilities Act. Specifically, the court concluded that “for obesity, even morbid…
A few years ago, I blogged here about the importance of communicating with employees on FMLA to stay abreast of their status and eventual return-to-work. But, even before employees go on FMLA, both clear communication and workplace policies becomes paramount. Consider this recent example involving a pregnant salesperson. She got…