Articles Posted in Human Resources Policies

Employer’s failure to investigate harassment creates retaliation claim

June 11, 2012 | by Eric B. Meyer

If an employee complains that her supervisor is sexting her, making unwelcome physical contact, and telling her that she can get a better work schedule in exchange for “small favors,” you better damn well investigate that!

Ignore it and you risk losing a valuable defense to sexual harassment claim. This is because, generally, to avoid liability for sexual harassment, an employer must demonstrate that it undertook reasonable care to prevent and promptly correct harassment.

But the failure to investigate could cost an employer even more. Like a dead-to-rights retaliation claim too.

Really? Retaliation too? Yes. I’ll explain after the jump…

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The golden rule on forwarding emails at work

June 4, 2012 | by Eric B. Meyer

“An employee who emails pictures of Trayvon Martin‘s head cropped onto the body of a dead police officer is a thought-leading change agent.”

— Absolutely nobody in HR

No, he gets fired.

The ADA does not protect medical-marijuana use, but…

May 30, 2012 | by Eric B. Meyer

According to a federal appellate court from California, a state that has embraced marijuana as an effective treatment for individuals who face debilitating pain, an employer may discriminate against an employee because of the employee’s use of marijuana. This holds true whether the marijuana use is recreational or medicinal, because the Americans with Disabilities Act does not protect illegal drug use.

However, there are instances in which the ADA does protect medical-marijuana users. For example, an employee who uses medical marijuana to treat glaucoma may be discriminated against because of the employee’s marijuana use, but not the glaucoma. Assuming that: (a) the glaucoma is a disability; (b) the employee can perform essential job functions with or without a reasonable accommodation; and (c) and the employer takes an adverse employment action against the employee because of the glaucoma, the employer has violated the ADA.

For more on the CA case, check out Robin Shea’s post at the Employment and Labor Insider. For more on the interplay between medical-marijuana use and state disability-discrimination laws, check out this post I did last year.

That’s what they said: “Naked ambition” and a “voyeur boss”? (And more…)

May 18, 2012 | by Eric B. Meyer

As evidenced by the nature of this blog post and the picture on the right, it’s best not to leave me in the office alone, unsupervised, with an iPhone, and App Store credits, as I punch this out at 10:52 at night on a Thursday. (And yet, somehow, the Wall Street Journal deems me quotable).

Rest assured, everything I do, I do it for you. And, best of all, it’s all employment-law related. Love my job!

(My wife has to be cool with me using our wedding song for this blog post, right? Love ya, baby! “Take me as I am….”)

How North Carolina’s Amendment One Will Affect Employee Benefits

May 16, 2012 | by Eric B. Meyer

Today we have a guest blogger at The Employer Handbook. It’s Audrey Porterman. Audrey is the main researcher and writer for doctoralprograms.org. Her most recent accomplishment includes graduating from Ohio State, with a degree in business management. Her current focus for the site involves an online phd program and english doctoral programs.

If you have comments on this blog post, you can email them directly to Audrey. And if you want to guest blog at The Employer Handbook, then email me.

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The risk of waiting to enforce arbitration agreements with employees

April 2, 2012 | by Eric B. Meyer

It was just last month that I blogged about arbitration agreement tips for PA employers from the 3rd Circuit. I hate to leave NJ employers out of the loop, so today’s post is for you.

Last week, the NJ Superior Court, Appellate Division, in Cole v. Jersey City Medical Center denied a company’s attempt to enforce an arbitration provision in its employee contract because it waited too long to do so after being sued:

4 new employment-law bills now pending in Congress

March 19, 2012 | by Eric B. Meyer

Below are summaries of four pieces of legislation of which employers should take note:

Protecting Older Workers Against Discrimination Act. Senator Tom Harkin (IA-D) introduced this bill last week. It would overturn the U.S. Supreme Court’s decision in Gross v. FBL Financial Services, Inc. and lower the burden of proof for employees to prove age discrimination claims.

National Right to Work Act. Senator Jim DeMint (SC-R) has introduced this bill to “preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities.”

Want to keep your job? Don’t do this if you’re bored at work…

February 24, 2012 | by Eric B. Meyer

Some folks — not you and me, but some folks — can watch porn at work and not get in trouble; they work in the porn industry.

When you’re an employee of the courts — a courtroom clerk, to be precise — it’s frowned upon.

Oh, you’ll never guess what happens next. Well, maybe you can. See how right you are after the jump. Fair warning, however, this is one my less tasteful posts. And that’s saying something…

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The so-called “privacy” of employee emails

February 6, 2012 | by Eric B. Meyer

Humblebrag alert.

Reporters call me all the time. It’s a wonder that I can get any work done.

Why, just last week, I was speaking to a reporter about an action recently initiated by current and former employees of the FDA, alleging that the agency unlawfully monitored their private emails. During our discussion, I mentioned another case — this one called Stengart v. Loving Care Agency — in which the NJ Supreme Court held that an employee who emails her attorney from a company computer may have a reasonable expectation of privacy in those emails provided that the employee uses a password-protected web-based email account.

Ah, serendipity! The following day, I read about another case decided last week in which the NJ Superior Court reaffirmed that many employee emails are not private. More on this case and a best practice for employers after the jump…

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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.