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The Employer Handbook Blog

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Are paralegals entitled to overtime under the FLSA? Probably.

Last Friday, I had the honor and privilege of presenting at the Philadelphia Association of Paralegals’ Education Conference. The class was essentially a primer on the basics of employment law, during which I emphasized both the types of claims on which paralegals may assist clients, and the employment-law issues that the…

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Let’s revisit that post about cursing out your boss on Facebook

Last year, at about this time, I blogged here about a case involving some employees who thought that their employer had underpaid them. So, they discussed the matter at work. And then continued their conversation on Facebook, where they used language that wouldn’t quite make an Eagles fan in the 700 level…

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Can You Fire an Employee Based on a Friend’s Facebook Posts?

Well, it depends. Here is the genesis of this article. An employee is fired because of racist comments made by his Facebook “friends.” Earlier this month, a Fox affiliate in Atlanta reported, a local man lost his job after his employer learned about a conversation he had with friends on…

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Fact or Fiction: Denying a discretionary bonus may be discrimination?

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.” Many claims of discrimination require proof of what’s called an “adverse employment action.” A firing would qualify; so would an…

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“I was late for work because the universe told me to take the day off.”

According to a recent CareerBuilder survey, we’re fast approaching that time of year when employees call out sick the most. Most employees stay home when sickness strikes hardest: December (20%), January (15%) and February (14%).  But how often are employees who call out sick actually under the weather? The survey indicates that…

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Attendance may be an essential job function under the ADA. But, how do you know?

The regulations to the Americans with Disabilities Act include a non-exhaustive list of reasonable accommodations that may apply to allow an employee with a disability to perform the essential functions of the job. They include job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modifications…

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Fired for a mouth full of coffee? That’s a new one. Or, maybe, age discrimination.

WWE great The Undertaker is 50 years old. He’s an eight-time Heavyweight Champion. But, his greatest feat is never missing one of my posts his streak of 21 consecutive wins at Wrestlemania. But then, at Wrestlemania XXX, the streak ended. Do you think that The Undertaker’s age motivated the WWE’s decision…

Posted in: Age