Stop me if you’ve heard this one before: Job candidate is told that any job offer is contingent upon passing a drug test. On d-day, job candidate bolts from the drug-testing facility, claiming that he has trouble in confined spaces. No drug test means that job candidate is disqualified from…
The Employer Handbook Blog
This term’s top 5 employment-law Supreme Court rulings…in haiku
Last month, the Supreme Court handed down – if not the most important – certainly, the highest-profile decision of this term with Wal-Mart v. Dukes. However, in addition to this headline-grabber, this term saw four other significant employment-law decisions from the High Court about which employers must take note. After…
Fact or Fiction: WARN applies to parents and affiliates
Welcome back to “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”. As you know, if you read yesterday’s post, the Worker Adjustment and Retraining Notification Act (WARN), a federal law, protects workers by requiring most employers with…
Legal? Replacing over 100 workers without any sort of notice
In December 2006, 247 union workers went on strike at the Kohler manufacturing plant in Searcy, Arkansas. Three months later, Kohler hired 123 replacement workers. Kohler and the Union settled their dispute in March 2008. As part of the settlement, Kohler agreed to reinstate the striking strikers. Kohler then fired…
An employer blueprint for how to screw up at-will employment
In most states, absent a contract of employment, an employee is considered at-will (i.e., he or she can be fired for any reason or no reason at all). Many employers reinforce — in very prominent locations in employee handbooks — that their employees are at-will. What happens, however, when an…
Philadelphia’s Mayor vetoes a proposed mandatory-sick-pay bill
Yesterday afternoon, in a letter to City Council, Mayor Michael Nutter vetoed the “Promoting Healthy Families and Workplaces” bill. This bill, discussed in a previous blog post, would have required businesses to provide paid sick leave to employees who work a minimum number of hours in Philadelphia County. On June 16,…
Legislation introduced to expand FMLA coverage in PA
The Family and Medical Leave Act (FMLA), a federal law, entitles eligible employees of covered employers to take up to twelve workweeks of unpaid, job-protected leave in a 12-month period for: the birth of a child and to care for the newborn child within one year of birth; the…
Could the Beastie Boys collect overtime pay in Pennsylvania?
https://www.youtube.com/watch?v=z5rRZdiu1UE If Cochese and Bobby, “The Rookie” were working mall security in Pennsylvania, would their employer have to pay them for the time they spend keeping those uniforms looking 80s-spiffy? If it were up to one Pennsylvania federal court, they would be SOL. You’ll see what I mean once you…
Last call! Bloggers wanted for the “Employment Law Blog Carnival”
Wouldn’t it be nice if you could find a single online resource with links to a slew of topical blog posts about a particular topic or area — say, employment law? Well, I have a solution. But I need your help…to create a blog carnival. What is a blog carnival,…
Can a bridge worker with a fear of heights have a viable ADA claim?
Today, I get to sleep in because The Employer Handbook has a guest blogger. It’s Andrew Kim, a summer associate at Dilworth Paxson LLP: * * * Some people have no problem with heights (as seen above). But Darrell Miller, a bridge worker, had acrophobia (a.k.a. the fear of heights).…