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The Employer Handbook Blog

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What caused this employee to claim disability discrimination on her second day of work?

  When was the last time that you trained your managers and supervisors on how to address disability accommodation requests? Or, how about the last time that you reminded your supervisors and managers that an employee with a disability needs to be treated respectfully? If it’s been a while (or, maybe, I dunno, forever),…

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See no overtime, hear no overtime, pay no overtime

Like many other employers, you’ve got a handbook policy that says that non-exempt employees cannot work overtime unless they obtain prior approval from a manager or supervisor. If, without prior approval from a manager or supervisor, a non-exempt employee works overtime and reports those hours to you, the Fair Labor…

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Migraines! They are the bane of your FMLA world, HR. Amirite?

Lest anyone consider me a heartless mongrel. (Other than you plaintiff’s lawyers, of course). I understand that many folks suffer from migraine headaches. Really bad, debilitating, serious health condition migraines. I get it. And, I sympathize. I’m sorry. That said, poll a room of HR professionals. With hella-side eye, they’ll tell…

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U.S. Department of Labor issues new FMLA fact sheet for joint employers

“Are you a joint employer?” No, that’s not my law school pickup line. That would be a terrible pickup line; I’d be a lonely, single, blogging employment lawyer, sitting alone by candlelight eating baked beans out of the can. Actually, it’s the question that Dr. David Weil, administrator of the U.S. Department…

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How do you handle FMLA and FLSA for a snow day office closure?

Back when I had three kids — the one-year old (not pictured) is salting the sidewalk — I took some liberties with snow days and the Fair Labor Standards Act. I’m exempt of course (Executive exemption — like a boss!). For the kids, rather than worry about minimum wage or overtime,…

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Supreme Court makes it harder for employers to dispose of FLSA lawsuits

About three years ago, I blogged here about Genesis HealthCare Corp. v. Symczyk, a Supreme Court decision addressing a situation in which a Fair Labor Standards Act collective action could be dismissed if the lead plaintiff rejects a Rule 68 offer of judgment. However, the Supreme Court left open the issue of “whether an unaccepted…

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Flushing the toilet on a phone interview — and nine other ways not to get hired

  Well, at least it was a phone interview. Hey, one thing you guys know about me is that I’m all about the low hanging fruit and the cheap laugh. So, when I see that CareerBuilder has published it’s 2016 version of “Employers Share Strangest Interview Mishaps and Biggest Body Language Mistakes,”…

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Can an FMLA-eligible employee decline FMLA and take other accrued leave instead?

  ***Double checks Powerball ticket*** Dammit! Oh, hi there. I didn’t see you come in. Now, get out of here and head over to Thompson’s HR Compliance Expert. You’ll find a new feature called “Opposing Counsel.” At various points throughout the year, I will debate HR-compliance issues with employee-rights lawyer, and my…