Close

The Employer Handbook Blog

Updated:

3d Cir. on FLSA successor-in-interest liability. Or, as I like to put it, “No Blog Hits” Day

I was on such a roll this week.  You guys were digging the heck out of my peeing in the breakroom post, David Crosby the alcoholic, and the one about a supervisor offering cash to sleep with an employee’s wife. You know who even read that last one? Scan down…

Updated:

2 million reasons to avoid the EEOC’s same-sex-harassment crosshairs

Last night, I read this press release from the United States Equal Employment Opportunity Commission, announcing a $2 million recovery for 50 male employees of a New Mexico automobile dealership. What happened, you say? From the press release: “In its lawsuit, the EEOC charged a former lot manager, James Gallegos,…

Updated:

When the supervisor offers an employee $$$ to have sex with his wife, that’s not gender bias, you guys

Terribly sorry about the confusion created by my sloppy use of possessive pronouns in today’s lede. The “his” wife refers to the employee’s wife. Otherwise, this post doesn’t make any sense, does it? (Don’t spend too much time contemplating the question, ok). Yep, just another Tuesday at The Employer Handbook.…

Updated:

The guy who was fired for peeing in a cup in front of his co-worker claims disability discrimination

I’m pretty sure Larry David had this written into the Seinfeld Parking Garage episode before making a last-minute script change to uromysitis. I would have stuck with the former. But, Mr. David is a comedic genius and I just write this crappy blog.  How bad is this blog, you ask?…

Updated:

Wages aren’t confidential, you guys. Your employees can discuss them.

Over the past several years, seemingly, we’re seen the NLRB take a more active interest in employee handbooks. We’ve certainly seen it with respect to social media policies; especially, where these policies purport to limit the rights of employees to discuss their employment with one another. This is because Section…

Updated:

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…

Updated:

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…

Updated:

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.…