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The Employer Handbook Blog

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The Employee Free Choice Act (a/k/a Card Check) is back #efca #efcafail

Remember the Employee Free Choice Act? Back in 2009, the Employee Free Choice Act, also known as “card check,” was introduced in both the Senate and House. The bill had three components: Requiring that an employer recognize a union if over half of the employees in the proposed bargaining unit signed union…

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A job duty performed 5% of the time is probably not ADA-essential, you guys

“Smithers, refill my lime rickey. And find me a dunce cap. Post haste.” The Americans with Disabilities Act requires employers to provide a reasonable accommodation, upon request, to an individual with a disability to enable that person to perform the essential functions of the job. Oftentimes, the questions arises: What are…

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Everything you need to know about restrictive covenants and protecting confidential business information

Yesterday, I had the privilege of presenting a webinar for LexisNexis with my colleague, Larry Holmes, and Sterling Miller. Larry and I have served in the restrictive-covenant trenches together many times. Sterling serves as Senior Counsel at Gober Hilgers. He’s also the former General Counsel and Chief Compliance Officer to Sabre Corporation…

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Enforce your social media policies evenly. Otherwise, it’s bloggy-blog time.

An employee who was allegedly fired for violating a company’s social media policy is going to have his day in court. And on this blog. Chris Redford, a white male, worked for a Louisiana TV news station. The station has a social media policy prohibiting employees from responding to viewer…

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EEOC Commissioner Feldblum responds to my post about transgender discrimination

You’re right, Commissioner Feldblum. Social media is awesome! Last Friday, I posted here about a recent federal-court decision addressing the sex discrimination claims of a transgender employee. What drew my attention to the case was this Facebook status update from EEOC Commissioner Chai Feldblum, in which she touted the court’s decision as further support for…