Articles Posted in Human Resources Policies

The most essential elements of an employee handbook acknowledgment

April 12, 2016 | by Eric B. Meyer

Right around the time that email subscribers to this blog — you can become one too, you know — receive today’s post, I’ll be sitting on an “Ask the Expert” legal panel at the Lehigh Valley Chapter of SHRM saying lawyerly stuff like…

“It depends.” and “I’ll get back to you on that.” and “Are you serious? Or just asking for a friend.“

One of the questions I know that we’ll get is about employee handbook acknowledgments. Specifically, what should they look like?

Teacher resigns after male student takes her unlocked phone, shares her nude selfie on social media.

March 24, 2016 | by Eric B. Meyer

Fortunately for me, my cell phone is locked. And, the most salacious contents are in a Dropbox full of employment-discrimination cases. Yes, I own the dorkiest cell phone ever. Don’t judge.

What can you do about employees missing work today with a Super Bowl hangover?

February 8, 2016 | by Eric B. Meyer

Panthers. Broncos. Meh.

Doritos won the Super Bowl, amirite?

But, for the 10% of your workforce that may be missing work today, you’ll have to wait until tomorrow to get their opinions on the Super Bowl commercials. Many of those employees told you in advance that today would be a day off. But, what will you do about the others who don’t show up for work?

When must companies accommodate employee medical marijuana use? How about never?

January 13, 2016 | by Eric B. Meyer

I’ve blogged (here) that grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination.

I’ve blogged before (here) that the Americans with Disabilities Act does not protect illegal drug use by employees. So, if the illegal drug use, and not the disability, motivates a company to fire an employee, that’s perfectly legal.

Yes, your employees can legally record most workplace conversations

January 4, 2016 | by Eric B. Meyer

Back when the Lamborghini Countach poster was in your bedroom, spinach and artichoke dip was on the menu, and it was hip to be square, this image would have been fitting for this blog — what’s a blog?!?! — post.

Yes, there was a time when a secret recording in the workplace implied an expectation of privacy in whatever conversation was recorded. But, now, everyone has a smartphone and, with a few quick thumb taps, an easy way to audio or video record anything and everything.

So, who among us has a reasonable expectation of privacy at work?

According to the National Labor Relations Board, practically no one who works for the company.

Huge $5M EEOC settlement spotlights an enforcement priority that you may be overlooking

December 21, 2015 | by Eric B. Meyer

In late December of 2012, the EEOC approved its Strategic Enforcement Plan for 2013-2016. Sadly, one of the agency’s enforcement priorities has been ignored on this blog.

Until now.

POLL: Should Congress require companies to provide paid family and medical leave from work?

September 16, 2015 | by Eric B. Meyer

Last week, President Obama signed an Executive Order requiring federal contractors to provide paid sick leave. More on that here. The Department of Labor has a roadshow and social media campaign, through which it is touting the benefits of paid family and medical leave. And the Family and Medical Insurance Leave (FAMILY) Act is currently pending in Congress. This bill would provide create a family and medical leave insurance program.

As the debate over government-mandated paid sick leave continues, Patrick Kulp at Mashable reports here that over 200 faculty members from 88 institutions across the country, including MBA programs at NYU, Harvard and Wharton, have signed this open letter calling upon Congress to adopt a national paid family and medical leave policy.

President Obama requires federal contractors to offer paid sick leave

September 8, 2015 | by Eric B. Meyer

I swear. If you put ketchup on that Labor Day hot dog, I’ll find and you and— Oh, hey! Didn’t see you there. Happy Tuesday to you. I hope that you had a nice mustard-covered-hot-dog-filled Labor Day. Me? I ~~forgot how bloody awful it was to spend hours in blazing heat~~ miniature golfing with four kids. I was pretty sweet, I tell you.

But, did you see the news yesterday? President Obama signed an Executive Order requiring federal contractors to ensure that employees on those contracts can earn up to 7 days or more (56+ hours) of paid sick leave annually.

Ok, how about the details…

Under the ADA, can you fire an alcoholic who doesn’t request treatment?

August 31, 2015 | by Eric B. Meyer

An alcoholic employee can present a number of tricky legal issues affecting the workplace. Under the Americans with Disabilities Act, there’s a certain dichotomy. That is, alcoholism is a disability under the Act. However, an employer can ban alcohol in the workplace and require that employees not be under the influence of alcohol.

But what about an alcoholic employee, who, while remaining sober at work, seeks a leave of absence to treat?

Join me for bagels, a schmear and #ACA next Tuesday in Philly.

July 15, 2015 | by Eric B. Meyer

I didn’t stay at a Holiday Inn Express last night. But, even if I had, heck, I could move in to a Holiday Inn Express for a month and still not have anything intelligent to offer when one of my clients brings up the Affordable Care Act (ObamaCare).

Now, I’m guessing that some of you have ACA ~~dartboards~~ ~~migraines~~ questions. (Something other than WTH?!?!?). I’m going to do one better than refer you to our Employee’s Benefits Practice Group.

My firm is hosting a free Affordable Care Act breakfast briefing on Tuesday, July 21, 2015 at 8:15 am at our office in Philadelphia, PA. Not only can you participate in a roundtable discussion about impending reporting requirements relating to the Affordable Care Act and related healthcare reform and compliance issues, but you get access to ACA compliance nerds from both my firm and Deloitte.

You know that scientist in the action movie who has all the right answers if only the government would just pay attention? If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, I’m here to help. I'm not only an EEOC-approved trainer, I offer day-to-day employment counseling, workplace audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business. And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. I’m a trial-tested, experienced litigator that has represented companies of all sizes in a veritable alphabet soup of employment law claims, such as the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII, and USERRA. I also help clients litigate disputes involving restrictive covenants such as non-competition and non-solicitation agreements, as well as conflicts over use of trade secrets and other confidential information. For more about me, my practice, and my firm, click on my full bio.