No way, Heisenberg is gonna be cool with this. Not a chance. Earlier this month, New Mexico joined Maryland, Illinois, California, Michigan, and Utah, by becoming the sixth state to pass a law, which makes it unlawful for an employer to request or require that a prospective employee fork…
The Employer Handbook Blog
RIP: Philadelphia Paid Sick Leave Bill
** picks up phone dorks out in his bluetooth VOIP-compatible headset ** The Employer Handbook: “Nyello.” Two Weeks Ago: “Hi Handbook. This is “Two Weeks Ago” calling. I wanted to let you know that Philadelphia Mayor Michael Nutter vetoed the “Promoting Healthy Families and Workplaces” Bill, also known as the…
Employee caught in a pick, Supreme Court scratches her FLSA claims
** drops microphone, walks off stage ** Fine, I’ll play a quick encore. In a case decided yesterday, the U.S. Supreme Court in Genesis Healthcare Corp. v. Symczyk (opinion here) held that if a plaintiff who brings a claim under the Fair Labor Standards Act on behalf of herself and…
Information on how you can help Boston #PrayForBoston
In the aftermath of yesterday’s tragic events, President Obama remarked, “Boston is a tough and resilient town. So are its people.” If you want to help them, here and here are some ways to do it.
Four ways to successfully defend an Equal Pay Act claim
This blog is nearly 2 1/2 years old and we have our first Equal Pay Act post. The Equal Pay Act requires equal pay for equal work on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. Any wage discrimination on…
Remove my stitches! And 14 other all-time crazy requests from the boss
Yesterday, CareerBuilder.com released its list of 15 of the most unusual things that bosses have asked employees to do. I’ve had a lot of rough, odd jobs in my lifetime — *** Hey silver spoon! Quit giving me the stink eye over there. If I write it, my readers believe…
Fired and told “you’re a little too old for your job,” Old Rose LOSES her age-bias claim
From the blog that brought you the classy September 2011 post, “This old mother****** may just have an age discrimination claim,” comes a story of a woman whom her former employer **cough** affectionately **cough** referred to as “Old Rose.” On other occasions, the plaintiff Rosemary Marsh was told, “you’re…
An employee using the “honest belief” doctrine in a bias case? As if!
To defend against a claim of discrimination, an employer can argue that it fired an employee because it honestly believed that the employee did “X.” And, as long as “X” isn’t discriminatory, the employer prevails. This is the honest belief doctrine. So, can an employee flip the “honest belief doctrine”…
Even rarely performed job functions may be “essential” under the ADA
You run a delivery service using large trucks and require that drivers be qualified by the Department of Transportation. Although your facility managers aren’t often behind the wheel of the big rigs, you nonetheless require that they too be DOT certified. One day, a manager with a disabling eye injury…
The importance of addressing sex stereotyping in the workplace
Many states and localities have laws forbidding discrimination on the basis of sexual orientation (LGBT). But Title VII of the Civil Rights Act, one of the federal laws barring discrimination in the workplace, law does not prohibit it. What Title VII does make unlawful, however, is stereotyping based on a…