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The Employer Handbook Blog

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Welcome to the Employment Law Blog Carnival: Hollywood Villains Edition

Welcome everyone to the Employment Law Blog Carnival. What you’ll find after the jump is the best, recent posts from around the employment-law blogosphere all organized around a common theme. So, yeah, we need a theme. [Lousy blog rules] Two years ago, we spun some tunes with the “Employment Law…

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EEOC focusing on national-origin discrimination — what employers need to know

Last week, the U.S. Equal Employment Opportunity Commission held a public meeting in Washington, D.C. at which invited panelists spoke on national origin discrimination issues in today’s workplace. Participants discussed various recruitment and hiring issues; discriminatory treatment in assignments; pay discrimination; language and accent issues; effective communication and access issues;…

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NLRB ok’s firing of two employees who trashed their company on Facebook

  It’s been a while since we’ve discussed discipline for employee Facebook behavior. So, let’s go over some basics. Generally speaking: one employee, griping alone on Facebook about his employer, can be fired; but   two employees, complaining together on Facebook about their employer, cannot be fired. The distinction is…

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“Drug-Free Workplace Policy Builder” from the Department of Labor

Ordinarily, I’m reluctant to recommend online modules that help HR professionals create workplace policies. Like the one I used to create a Borat Workplace Dress Code. Maybe it was the alcohol talking, but I was certain that the one-piece, over-the-shoulder, male swimsuits wouldn’t create a donning and doffing FLSA issue.…

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Placing do-not-hire notes in personnel files of employees who file EEOC charges is dumb

  If I ever handled a plaintiff’s case again, at deposition, I would be sure to take a page out of the playbook of Texas employment lawyer, Mike Maslanka: Ask the manager who decided to fire the plaintiff whether he’s eligible for re-hire. An unprepared manager might blurt out, “Of…

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The ADA still requires a plaintiff to show that he has a “disability”

When the Americans with Disabilities Act Amendments Act (“ADAAA”) went into effect on January 1, 2009, the changes to the Americans with Disabilities Act (“ADA”) emphasized construing the definition of “disability” to provide broad coverage of individuals to the maximum extent permitted by the terms of the ADA. In other…

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ENDA — a bill banning LGBT workplace discrimination — passes the Senate

And it wasn’t close at all. By a final vote of 64-32, the Employment Non-Discrimination Act, also known as ENDA, passed the Senate on Thursday. All 52 Democrats, plus 2 Independents and 10 Republicans voted in favor of the bill. Among the notable yes votes was Pennsylvania Senator Pat Toomey…

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NJ votes to increase minimum wage to $8.25

On Election Day, NJ voters approved a constitutional amendment increasing the state’s minimum wage by $1, from $7.25 to $8.25. The new wage rate will take effect on January 1, and future increases will be tied to inflation. Governor Chris Christie, who was re-elected on Tuesday had opposed the increase,…