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The Employer Handbook Blog

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Biden signs #MeToo arbitration bill, Philly drops masks, and EEOC updates its COVID-19 guidance

What a Friday trifecta! The only thing better that could come in threes would be a gallon of Neapolitan ice cream — with chocolate instead of strawberry and vanilla. Beards up! Masks down. Speaking of threes, the Philadelphia 76ers have been flashing championship form since the arrival of James Harden…

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Was COVID-19 a disability for this plaintiff? How about you be the judge today?

Fortunately, the COVID-19 pandemic is waning. Yet, past workplace incidents are now surfacing in court as COVID-19 discrimination lawsuits. A common thread with many of these lawsuits is an employee with COVID-19 who gets fired and claims disability discrimination. That begs the question: when is COVID-19 a disability under the…

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Everything “employment law” mentioned in last night’s State of the Union Address

In case you missed President Biden’s State of the Union Address last night, I’ve got you covered with everything HR compliance that came up. Pay equity and higher minimum wage. When President Biden took office in January 2021, part of his initial plan was to raise the federal minimum wage…

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You can stand with Ukraine. Just remember to stand up for your Russian employees too.

It wasn’t long ago that the U.S. Equal Employment Opportunity Commission noticed a spike in reports of mistreatment and harassment of Asian Americans and other people of Asian descent during the COVID-19 pandemic. Before that, when many Americans clamored for a wall on the southern border, Hispanic workers in the…

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Trick or treat? CDC’s updated guidance means that fewer people need face masks

On Friday, the Centers for Disease Control and Prevention (CDC) announced revisions to its COVID-19 face mask protocol. What’s new? Most people are either vaccinated or possess natural immunity from COVID infections. Therefore, the risk of medically significant disease, hospitalization, and death from COVID-19 is far less for most people.…

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Be careful. Your employee tracking software and equipment may be illegal in some states.

Did you happen to catch my friend Jon Hyman’s blog post about employers who surreptitiously install tracking software on electronic devices to monitor their employees? Your mileage may vary as to whether it’s good for business. In some states, it may be downright illegal. For example, last month New Jersey…

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How much medical information can we get from employees who may have disabilities?

The Americans with Disabilities Act has strict rules about the scope and manner of disability-related inquiries and medical examinations of workers. For example, do you remember that post last week about the forklift operator on opioids? He presented doctor’s notes to his employer to confirm that he would not present…

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The Women’s National Team settled its equal pay claims with U.S. Soccer for $24M.

About six years ago, five players on the U.S. Women’s National Soccer Team (USWNT) filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against the U.S. Soccer Federation (USSF). The women claimed that they were paid up to four times less than their male counterparts for doing basically the same job.…

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Without this key element, you can kiss that retaliation claim goodbye

A plaintiff asserting a retaliation claim against his employer must establish three elements: A protected activity (such as complaining about discrimination), A materially adverse employment action (such as a termination of employment), and A connection between the first and second element (i.e., an employer fired him for complaining about discrimination)…

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The lengths to which some will go to get FMLA leave — like faking pregnancy. . . three times

(Allegedly.) Three lies and no baby. According to a Georgia Office of the Inspector General (OIG), a state employee informed HR that she was pregnant in October 2020. Seven months later, in May 2021, she announced that she had given birth. The employer later received an email from an individual claiming…