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The Employer Handbook Blog

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FACT OR FICTION: You must provide FMLA to someone who “potentially” qualifies for it

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Employee comes to you with a leave request in which he potentially qualifies for FMLA. Must you provide it? Break…

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Court reasons that unreasonably withdrawing a reasonable accommodation is reason for employee to win ADA suit

Let’s say that you have an employee whom the Americans with Disabilities Act would consider disabled and to whom you have afforded a reasonable accommodation for a long time. Maybe it’s a few years of light duty to accommodate your employee’s bad back. Maybe it’s keeping your employee with medically-documented…

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Plaintiff-employee destroys Facebook posts about her case; court destroys her

Last month, a daughter’s Facebook post cost her father an $80K age-discrimination settlement (more on that here). Last week, with some Facebook shenanigans, the plaintiff in a sexual harassment case screwed herself over. (See what I did there?) Heather Painter used to work for Dr. Aaron Atwood D.D.S. According to Ms.…

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This may just be the greatest union-avoidance banner evah!

Yesterday, I read with interest Jon Hyman’s post at the Ohio Employer’s Law Blog about how Target has employed a 14-minute training video to help keep its workplace union free. Gawker has posted a copy of the video here. Like a bear crapping in the woods, Gawker pokes fun of…

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That’s what she said: How to navigate the pitfalls of the FCRA

When the Fair Credit Reporting Act comes a knock knock knockin’ on HR’s door, who among you, will answer the call? Fear not, kids. Cinch on your big boy/girl underpants! My colleague, Stacey Schor, in this post, has outlined a recent federal court decision that provides valuable guidance on how…

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Democrats seek to undo 2013 Supreme Court ruling defining workplace “supervisor”

Has the Supreme Court’s 5-4 decision in Vance v. Ball State been keeping you up at night? *** logs IP numbers; obtains restraining orders *** Well, ok. I can see why some of you are sour on the 2013 Supreme Court decision holding that an employee is a “supervisor” for purposes…

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What is it exactly that President Obama wants to do to the FLSA?

So, by now, you’ve likely read the news, first reported on Wednesday night by The New York Times reporters Michael Shear and Steven Greenhouse that “Obama Will Seek Broad Expansion of Overtime Pay”. Messrs. Shear and Greenhouse indicated that, yesterday, President Barack Obama was to the direct the U.S. Department of…

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What the EEOC wants companies to know about social media and employment discrimination

Yesterday, the United States Equal Employment Opportunity Commission held a public meeting at which it discussed, well, you read the lede. Don’t miss this one employers; the full 411 is after the jump… * * * (Yeah, I’m playing Bjork. Haters can take a hike…) As I was saying, yesterday,…