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The Employer Handbook Blog

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New Jersey is not f**king around with employee misclassification

Image Credit: Photofunia.com Since taking office, New Jersey Governor Phil Murphy has committed to battling worker misclassification, i.e., treating employees as independent contractors. Misclassifying employees as independent contractors can deprive workers of wages and benefits and also have tax ramifications too. In 2018, New Jersey teamed up with the U.S.…

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Yep, President Biden ordered the FTC to curtail private companies from using of non-competes.

Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons I warned — didn’t I? — you that President Biden was preparing to tell the Federal Trade Commission to either ban or curtail private employers from using non-competition agreements. On Friday morning, the White House…

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Wait, WHAT?!? Is President Biden planning to ban private employers from using non-competes?

Image by Clker-Free-Vector-Images from Pixabay So much for my blog servers getting a much-needed Friday rest. On Wednesday, White House Press Secretary Jen Psaki held a press gaggle aboard Air Force One en route to Crystal Lake, IL. About halfway through her prepared remarks, she dropped this bomb on employers:…

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Like ordering a cheesesteak with Swiss, employee-friendly OT rules just aren’t meant to be in PA

Image Credit: Photofunia.com Let’s face it. Unlike its neighbor, New Jersey, a/k/a the California of the East, not many would label the Commonwealth of Pennsylvania an employee-friendly state. There’s no state-level FMLA, the whistleblower law is basically limited to public sector employers, and the Commonwealth’s anti-discrimination laws essentially mimic federal…

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Here’s a list of things that don’t count as retaliation, starting with making faces.

Image by Please Don’t sell My Artwork AS IS from Pixabay When an employee sues for retaliation after complaining about discrimination, he must prove that he suffered “a materially adverse action” for doing so. Usually, that amounts to discharges, demotions, refusals to hire, refusals to promote, and reprimands. But, how…

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An employment lawyer’s take on track star Sha’Carri Richardson’s suspension for using marijuana

Image by Please Don’t sell My Artwork AS IS from Pixabay Last week, I read the news that Sha’Carri Richardson, one of the favorites to win Olympic gold for the United States in the women’s 100-meter dash, was suspended for a month for testing positive for marijuana. As a management-side…

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60 years after the NY Yankees rejected her, a woman finally got that bat girl job

Groupe Canam. Services fournis:Conception-ingénierie Dessins par InteliBuild FabricationUsines de fabrication: Saint-Gédéon-de-Beauce, QCQuébec, QC, CC BY-SA 3.0, via Wikimedia Commons I hate the New York Yankees. So, it is with deep-seated loathing that today’s blog post not only features the Evil Empire but casts the organization in a positive light. Whatever.…

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The Supreme Court’s silence on transgender bathroom use may speak volumes for your workplace

Marielam1, CC BY-SA 4.0, via Wikimedia Commons Last year, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has discriminated based on sex in violation of Title VII of the Civil Rights Act of 1964.  Yesterday, the Supreme Court…