I’ve gotta hand it to the company in this recent federal appellate court opinion. The company almost — soooooo close — avoided several claims for unpaid overtime. Let me set the stage for you. So, there I was wearing nothing but feathers and a coy smile. Back in 2011, the U.S. Department…
The Employer Handbook Blog
March Madness has nothing on these hella-crazy workplace brackets
Got a busted bracket in your HR Department’s NCAA Men’s Tournament bracket pool? Oh, riiiiiiiiiight. What bracket pool? I must be talking about that other company, the one with low-flow poop-stained toilets and the non-conforming employee handbook. #realtalk Well, according to this CareerBuilder.com survey, 1 in 7 US workers planned to fill out a…
39 reasons why your employee handbook may violate the law
Before I get to a 1752-word blog post about the National Labor Relations Board going wee-wee all over your workplace Cheerios with this March 18 report from General Counsel Griffin, replete with examples of how your employee handbook is overly broad and violates the National Labor Relations Act, let me do two…
When does transferring an employee amount to discrimination?
Well, I think we can all agree that, when an employee’s protected class motivates a company to transfer him to a less desirable position, it’s time to call the lawyers and break out the checkbook. But, what makes a transfer position less desirable? Yesterday, I was reading this Sixth Circuit opinion about a…
Federal judge reincarnates atheist’s religious bias claims
And the Czech judge scored my lede a 4.3. Well, the second she starts paying my legal bills, maybe, I’ll give a damn. Until then… What was I talking about? Oh yes, religious discrimination. Over the weekend, I read this PA federal court opinion about an atheist who claimed that his…
#HR mistakes and how to address them
So…how many of you slept well after last night’s The Walking Dead? Don’t worry, no spoilers here. Instead, what I do have is this link to a great post from my blogging buddy, Sharlyn Lauby a/k/a the HR Bartender. With a little help from this dude, Sharlyn’s post hits on,…
A biker gang enforcer lost his job…as a prison guard. #BikerGangEnforcerPrisonGuard
So did you hear the one about the prison guard who, for four years, didn’t tell his employer about his other job? The one where he served as a biker gang “enforcer.” And his biker gang nickname? Hit Man. The biker gang enforcer, who was also guarding prisoners, was known…
The teacher who feared young kids lost her ADA claim, you guys
I’m a bit late to the party with this one. But, for those who haven’t read about it elsewhere. Voila! The plaintiff originally taught at the high school, during which she informed her employer about her pedophobia, a debilitating fear of young children. Some time later, the plaintiff was transferred to…
Can you smack your sexual harasser, complain, and still claim retaliation?
Not exactly a happy workplace trinity, but it’s what fuels The Employer Handbook. That and Jolt-Cola Bombs. The plaintiff in this case claimed that she was sexually harassed by her male supervisor for over a year. The court’s opinion details alleged comments and groping in vivid detail. (No recap here. I plan to keep my…
Transgender employees and the so-called bathroom conundrum
On my speaking boondoggles around the country, what’s the biggest issue I hear from HR professionals involving transgender employees? Yep, it’s the use of the bathroom. Folks, it’s not that complicated. But, I’ll get to that in a sec. First, with a tip of the hat to Joshua Block (@JoshACLU), over…