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The Employer Handbook Blog

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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…

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Survey shows many hiring managers are not bashful about trolling applicants online.

It’s funny. (Not “ha ha!” funny. Just, employment-law blogger, wry-smile funny). I read different surveys about social media and hiring and the numbers vary greatly. For every survey that indicates that employers are not using social media to vet candidates, you get the one I read last night from CareerBuilder.com,…

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58,000 reasons to consider telework as an ADA reasonable accommodation

Telework is among the array of possible reasonable accommodations under the Americans with Disabilities Act that may enable an employee with a disability to perform the essential functions of the job. Now, as a federal appellate court confirmed last month, there are situations in which telework is not a reasonable accommodation; namely, where…