Maybe it’s the luck of the draw, but most of the discrimination cases I defend are hostile work environment cases, where an alleged harasser supposedly has made an employee-victim’s life miserable with certain comments, jokes, gestures, touchings, you name it. Far less often do I encounter disparate-treatment claims. A…
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Is “casual conversation” of a parent’s health enough to trigger FMLA?
Last month, in this post, I addressed a recent opinion in which the court held that the words “Emergency Room,” when uttered by an employee to his employer are enough to put the employer on notice — at least initially — that the employee needs leave under the Family and…
Court grants access to plaintiff’s social media in discrimination case
Many times on this blog (e.g., here, here, and here), I’ve discussed the discovery of a plaintiff’s social media information in pending litigation. More often than not, these issues arise in personal injury actions where the defendant believes that the plaintiff’s injury isn’t as a severe as he claims it…
POLL: Your employees post THIS YouTube video. What do you do?
Over the weekend, I heard PSY’s catchy song Gangnam Style for the first time. Coincidentally, I then read this story from Kathleen Miles on the Huffington Post about 14 Gen-Y lifeguards at a city pool in El Monte, CA, who posted this video (below, left) on YouTube spoofing the original “Gangnam…
“How can I keep the white girl?”
[Editor’s Note: Because “Playing the Race Card” was already taken] The title of this post is comprised of the seven poorly-chosen words from a Vice President of Operations at a Detroit casino right before the casino terminated a white employee for allegedly botching supervision of a dealer card shuffle. What…
Save the turtles, skip poison ivy, vote The Employer Handbook!
True story: In the wake of last year’s stupid turtle ploy to elicit votes for The Employer Handbook in the ABA Blawg 100 Amici, I spent over an hour in a Harrisburg hotel room on Tuesday night trying to one-up (one-down?) myself by programming a talking computer avatar with an…
Ethics charges for two lawyers over Facebook friending a litigant
It was bound to happen sooner or later… Mary Pat Gallagher of the the NJ Law Journal reports here (subscription required) that two NJ defense lawyers face ethics charges after their paralegal allegedly friended an attorney-represented plaintiff in a personal injury case. Details on the allegations and some takeaways for…
ADA does not require indefinite break from essential job functions
Readers of this blog know (here, here, and here) that if a disabled employee requests an indefinite leave of absence from work, the Americans with Disabilities Act does not require you to provide it. Why? Because that accommodation is not reasonable. [Editor’s note: Obsessed much, Eric? Three posts about the…
GUEST POST: Why Hiring Managers Must Verify College Degrees
Today we have a guest blogger at The Employer Handbook. It’s Samantha Gray. Samantha is a freelance writer/researcher for www.BachelorsDegreeOnline.com. Her articles cover issues related both to online and traditional education, as well as student lifestyle, careers and business. Please send any questions or comments her way at SamanthaGray024@gmail.com. (Want…
Kiss the “fluctuating workweek” OT method goodbye in PA
mmmmmmmmmmmmwah! What is the fluctuating workweek method of overtime compensation? Why is it no longer good in PA? And why should you care? I answer all of these hard-hitting questions — like a BOSS — after the jump… What is the fluctuating workweek overtime compensation method? If an employee is…