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The Employer Handbook Blog

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New Senate bill would abolish non-competes for low-wage workers

Jimmy John’s aside, is that really a thing? The use of non-compete agreements for employees making less than $15 an hour? The Mobility and Opportunity for Vulnerable Employees (MOVE) Act Well, according to a press release from Senator Chris Murphy (D-CT), “research” shows that somewhere between 8-15% of low-wage workers have…

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From Caitlyn Jenner to new OSHA guidance on restroom access for transgender workers

Caitlyn Jenner got the cover of Vanity Fair and a million new Twitter followers shortly after confirming that she was no longer Bruce Jenner. So, by riding that wave with a timely blog post, I should at least get page 5 — above the fold — in the latest edition of “Employment-Law Blog…

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As the Supreme Court toughens religious-accommodation rules, 5 ways employers can avoid trouble.

Yesterday, the United States Supreme Court, in an 8-1 decision, ruled that an employer that does not know that a job applicant may need a religious accommodation can discriminate against that job applicant. All that matters are the employer’s motivations. Allow me to explain. It’s not what you know; it’s what motivates…

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This employer had a “no pregnancy in the workplace” policy. No, really. It did.

Holy crap. Literally. A Texas church is now about $75,000 lighter in the wallet after a federal judge determined that having and enforcing a “no pregnancy in the workplace policy,” which prohibited the continued employment of any employee who became pregnant, violates Title VII of the Civil Rights Act of 1964. That’s…

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The Department of Labor issued new FMLA forms #NudgeTheInternet

[music] Here they are: WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF) WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF) WH-381 Notice of Eligibility and Rights & Responsibilities (PDF) WH-382 Designation Notice (PDF) WH-384 Certification of Qualifying Exigency For Military Family…

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Those without Facebook accounts need not apply. Well, maybe not in one state.

Forcing job applicants to disclose social media logins and passwords as a condition of employment is so 2013 — kinda like this crappy blog. So, the State of Oregon is this close to becoming the first state to expand its social media workplace privacy law to forbid employers from requiring their…

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100,000 reasons to take all forms of discrimination seriously

And, that includes discrimination against bronies men. Because remember my January post about the EEOC suing Ruby Tuesday, alleging that the restaurant chain discriminated against male employees for temporary assignments? Welp, that case just settled for $100K! But, wait! There’s more… From this EEOC press release: The company will provide training…

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Just how nervous should companies be about FLSA lawsuits over employee smartphone use? (Hint: very)

“Once is happenstance. Twice is coincidence. Three times is enemy action.” (I’m pretty sure that was from Ferris Bueller) Yesterday, in the Wall Street Journal, I read Lauren Weber’s article “Can You Sue the Boss for Making You Answer Late-Night Email?” And the answer is yes, provided that you are…