If only I had a hot tub time machine, I would have gone back a day and a half and scooped Phil Miles at Lawffice Space and posted “New Jersey Recognizes Same Sex Marriages – Why it Matters for Pennsylvania Employers” before he did. Except I didn’t. So read his…
The Employer Handbook Blog
New NJ bill targets pregnancy and childbirth discrimination
New Jersey is the home of deep fried hot dogs and the Law Against Discrimination, one of the most employee-friendly anti-discrimination statutes in the country. Here, pregnant employees can order a ripper with relish at Rutt’s Hut, but, somehow, are not entitled to preferential leave treatment in the workplace. However,…
Nearly half of employers investigate job applicants online
This according to a CareerBuilder.com survey (here) released last week. Of the 2,775 hiring managers polled, almost half (48%) responded that employers will use Google or other search engines to research candidates. Nearly the same number (44%) will research the candidate on Facebook. Just over one quarter (27%) will…
Does the FLSA require paying employees who wait in security lines at work?
True story. Back in 1999, when I was in law school in Washington DC, I went with my buddy to see The Matrix at the Uptown Theater in Cleveland Park. At the time, the Uptown was one of the best places around to watch an action flick. And what better…
An employer is not required to change supervisors as an ADA accommodation
Work got you anxious and depressed? Well then, you may be disabled under the Americans with Disabilities Act. But if you think that the ADA requires your employer to transfer you away from the supervisor who is giving you a hard time, think again. In Lu v. Longs Drug Stores…
That’s what they said: Social media and the workplace and the lawsuits
One social media-related post in October. One may be good enough for the Red Sox — eat it, Detroit — not here. So, with a little help from my friends, I’ve got three stories on the the impact that the technology in the workplace has on litigation proceedings. Over at…
EEOC sues over failure to accommodate the Mark of the Beast
Play us in Keith Richards… Last month, the EEOC announced here that it had sued two companies, claiming that they violated federal law by failing to accommodate an employee’s religious beliefs: According to the EEOC’s lawsuit, Beverly R. Butcher, Jr. had worked as a general inside laborer at the companies’…
NY Court: Indefinite leave may be a reasonable accommodation for disabilities
New York City. As Jay-Z and Alicia Keys sang, it’s the “concrete jungle where dreams are made of. There’s nothin’ you can’t do.” That includes taking indefinite leave as a “reasonable” accommodation under the New York City Human Rights Law. Yep. That’s what the song means. Trust me. It’s in…
FACT OR FICTION: FMLA and workers’ compensation may run concurrently
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.” Earlier this week, I spoke at the SHRM Lehigh Valley Annual Conference on leave issues under the Americans with Disabilities…
Must an ADA requested accommodation correlate to an essential job function?
To receive the protections of the Americans with Disabilities Act, an individual with a disability must be qualified to perform the essential functions of the job with or without reasonable accommodation. Absent undue hardship, an employer must provide a reasonable accommodation. So, you’d think that the ADA would require a…