More eagerly anticipated that the premiere of Paul Blart: Mall Cop 2, yesterday, the EEOC released its new proposed rules on wellness programs. Although, based on the Paul Blart reviews, hemorrhoids too may be more eagerly anticipated. No strikethrough on the last sentence. Weird. But, if you want to have an employee…
The Employer Handbook Blog
Dude, you were fired for fellatio jokes, not your disability.
Geez! What’s gotten into me this week? Even by The Employer Handbook editorial standards, which are lower than Title VII’s religious accommodation undue hardship test. [I’ll be here all week. Sorry.] First, a 1000+ word blog post on ADA telework, followed by two cheeky posts on bad interview questions and the…
Remember, you guys. The “L” in FMLA stands for Leave.
This one goes out to all of you employees who are contemplating a claim against a former employer for violating the Family and Medical Leave Act. Read this federal court opinion and make a mental note: when you voluntarily work from home, that’s not “leave” under the Family and Medical Leave Act. Yep,…
Burn these job interview questions. Send ’em to hell!
Kinda like this, but different. According to a recent survey from CareerBuilder.com, 1 out of 5 employers failed to read my 2011 blog post about interview questions to avoid, have asked a question in a job interview only to find out later that it was illegal to ask. Indeed, the poll…
The latest guidance for employers on telecommuting as an ADA accommodation
If you’re in a rush, I’ll hit you with the punchline and save you the trouble of reading 1,000+ words of blog post: Telecommuting may be a reasonable accommodation under the Americans with Disabilities Act, except where regular attendance is an essential function of the job. For those of you with a…
EEOC: U.S. Army’s bathroom restriction on transgender employee was sex discrimination
Exactly one month ago, I addressed what many consider to be the elephant in the room when it comes to transgender employees: bathroom use. On Wednesday, EEOC Commissioner Chai Feldblum fired off a series of tweets (1, 2, 3, 4, 5, 6, 7) to lawyers representing employers and employees. Below (and…
FAQ: When do you have to pay your employees for travel time? #FLSA
Let’s start this post off with a disclaimer: People! I’m just a man; not a god. I’m going to address travel time under the Fair Labor Standards Act. Many of you folks live in crazy states, like New York and its crappy basketball team, which is even worse than the Sixers.…
A white employee tossed banana peels at work, and HE claims discrimination. He might WIN too.
Where do I find these cases, you ask? Well, I sold my soul, and a stack of Billy Ripken baseball cards, to the devil a long time ago. I ain’t telling. But seriously, this case isn’t so much about the particular facts… White employee tosses banana peels at work Black employees complain…
Can you refuse to hire someone for filing an FMLA lawsuit against a prior employer?
Oh, that collective sigh of relief of not receiving a daily email update yesterday from The Employer Handbook. (Yes, you can sign up to receive daily email alerts to my blog). Folks, I’m sorry. Monday, I was a deadbeat; I didn’t pay my MailChimp bill. So, if you rely upon…
Noting “Health Reasons” on a termination form could indicate disability bias
Happy Monday, everyone. Glad to see I didn’t break some of your content filters on Friday with my filthy NLRB post. But, hey, just another day in the interesting life of an employment lawyer / HR professional, amirite? Today, I bring you a very simple lesson, courtesy of the Third Circuit Court…