The Employer Handbook Blog

The “Halloween in the Workplace” HR-compliance post for 2020 feels a little different this year

October 26, 2020 | by Eric B. Meyer

Alexas Fotos, CC0, via Wikimedia Commons

Ordinarily, this is that time of year when I ~~recycle an old Halloween post and~~ ensure that the best blog readers in the world are prepared for the employees that exercise poor judgment when reporting to work on Halloween.

Instead, I’m building a slingshot to launch Halloween candy at socially-distanced children. (And drafting a liability waiver for youngsters who have trouble shaking off a Milky Way to the eyes).

Can an employee take FMLA leave and go on a hunting trip with friends at the same time? One court says yes!

October 23, 2020 | by Eric B. Meyer

Zindox, CC BY-SA 3.0, via Wikimedia Commons

Consider this simple set of facts:

Employee injures his knee;
Employee requests FMLA leave;
Employer says no because the FMLA leave would coincide with the employee’s hunting trip;
Employee takes leave anyway; and
Employer fires employee upon his return to work.

Has the employer violated the FMLA? Continue reading

Rapping about an unemployment benefits scam does not enrapture the U.S. Department of Justice.

October 22, 2020 | by Eric B. Meyer

By Employment Development Department – Public Domain, Link

Maybe Fontrell Antonio Baines, 31, who uses the stage name “Nuke Bizzle,” took it one teensy step too far. Continue reading

One HR lesson from two exotic dancers on misclassifying employees as independent contractors.

October 21, 2020 | by Eric B. Meyer

Lantay77 at en.wikipedia, CC BY-SA 3.0, via Wikimedia Commons

It’s getting hot in herrrrrrrrrrrrre!

Well, tepid. It’s an employment law blog, after all. Continue reading

“Salt Bae” employees complaining about tips are cooking up some new federal claims

October 20, 2020 | by Eric B. Meyer

Terron F.Beckham, CC BY 3.0, via Wikimedia Commons

Restauranteur Nusret Gökçe became an internet sensation a few years ago. Basically, he’s famous because he did this. And he’s easy on the eyes. Hence, the nickname “Salt Bae.” Continue reading

Take a good hard look straight in the “I’s.” Do you like what you see?

October 19, 2020 | by Eric B. Meyer

https://www.theemployerhandbook.com/files/2020/10/pxfuel.com-2-1024x576.jpg

Image Credit: Pxfuel.com

Last Friday, I read an attorney’s status update on LinkedIn that asked a simple question, one which many of us often take for granted.

“What is the cost of inaction?” Continue reading

Business groups give 👎 on new limits to diversity training. SHRM too — maybe.

October 16, 2020 | by Eric B. Meyer

Image by Alexas_Fotos from Pixabay

The saga continues following new rules prohibiting federal contractors from conducting certain types of diversity training. Continue reading

“Well, you’re kind of getting up there in years, you’re at retirement age, you go one way and the company’s going the other.”

October 15, 2020 | by Eric B. Meyer

Image by mohamed Hassan from Pixabay

If I’m taking the plaintiff’s deposition, and I hear these words escape his lips when describing the termination meeting with this supervisor, well, I’m not sure how I would go about maintaining my poker face. Continue reading

Trust me. It’s not a good look when the EEOC thinks that you haven’t hired a woman in over 30 years!!!

October 14, 2020 | by Eric B. Meyer

https://www.theemployerhandbook.com/files/2020/10/truck-freeway-highway-road-trucking-horizon-1586095-pxhere.com_.jpg

Photo by lpdesigns form PxHere

I’m conflicted. Continue reading

Why countersuing an employee can be a recipe for disaster!

October 13, 2020 | by Eric B. Meyer

Image by Gerd Altmann from Pixabay

Rarely — and by “rarely,” I mean usually — I’ll have an employer client ask me about countersuing an employee that has just sued the company.

First, you’re probably just throwing good money after bad. But, I generally don’t debate this with my more “principled” clients — at least the ones willing to pay me a large retainer 😉.

But, there’s a bigger issue. Continue reading