The Employer Handbook Blog

The DOL announces a Final Rule to help you offer perks and benefits to your employees and still pay those workers properly

December 13, 2019 | by Eric B. Meyer

Image by 3D Animation Production Company from Pixabay

Back in March, when I debated going on the lam after some completely innocent child labor wage-and-hour shenanigans, the United States Department of Labor announced that it was going to work on a new rule to clarify how companies calculate overtime for employees.

Yesterday, in a low-key announcement at which I did not cut the ribbon, the DOL announced a final rule that will allow employers to more easily offer perks and benefits to their employees. Continue reading

ADA accommodations don’t require eliminating essential job functions, like coming to work punctually.

December 12, 2019 | by Eric B. Meyer

Image Credit: https://freesvg.org/1550658029 (Public Domain)

Regular, in-person attendance is generally critical to performing one’s job. So, when an employee exhausts her twelve weeks of leave under the Family and Medical Leave Act only to miss another 33 days of work (resulting in a 59% absentee rate), one’s job security may be in jeopardy.

But, let’s back up a sec, as I tell you the facts of this disability discrimination case I read last night. Continue reading

Bipartisan bill will provide 12 weeks of paid parental leave. But, there’s a catch…

December 11, 2019 | by Eric B. Meyer

Image by Pintera Studio from Pixabay

Several media outlets, among them Law360 and NBC News, are reporting that Congress almost has a deal done to provide 12 weeks of paid leave to employees to care for a newborn or adopted child or to care for a family member.

But, to take advantage of this paid benefit, you need to work for the federal government. Continue reading

The most valuable employment law lesson you’ll receive today

December 10, 2019 | by Eric B. Meyer

0 Dallas Cowboys DeMarco Murry - New York Giants Devon Kennard

Image Credit: Jack Kurzenknabe //embedr.flickr.com/assets/client-code.js

I’m typing this blog post at 1:30 AM after returning home from Lincoln Financial Field where the Philadelphia Eagles defeated the New York Giants, as per usual. Continue reading

Imagine if your trainees ended class with a celebratory Nazi salute

December 9, 2019 | by Eric B. Meyer

Image Credit: West Virginia Department of Military Affairs and Public Safety

This is a photo from a West Virginia Department of Military Affairs and Public Safety basic training program. And the you-know-what has hit the fan! Continue reading

FMLA and other protections for part-time employees. These could be coming soon…

December 6, 2019 | by Eric B. Meyer

Videoplasty.com [CC BY-SA 4.0], via Wikimedia Commons

A new bill is coming to Congress soon that would make it far more likely for part-time employees to obtain leave under the Family and Medical Leave Act. Continue reading

There’s retaliation, and then there’s locking the complainant in a walk-in freezer. (Allegedly)

December 5, 2019 | by Eric B. Meyer

Image Credit https://www.jbcharleston.jb.mil/News/Photos/igphoto/2000273522/

That’s cold. Continue reading

Yes, if you get fired (or not hired) for holding a PA medical marijuana card, you can sue.

December 4, 2019 | by Eric B. Meyer

Image by CMElixirs from Pixabay

With a big ‘ol tip of the cap to Phil Miles, Esq. over at Lawffice Space (here) and Daniel Cummins at Tort Talk (here), we’ve got some news that should interest Pennsylvania employers. Continue reading

Can a demotion be a reasonable accommodation under the ADA?

December 3, 2019 | by Eric B. Meyer

https://www.theemployerhandbook.com/files/2019/12/www.maxpixels.net-Downturn-Direction-Banks-Trend-Down-Symbol-Arrow-2088735.jpg

Downturn Direction Banks Trend Down Symbol Arrow (Maxpixel.net: License to use Creative Commons Zero – CC0)

In the context of an employment discrimination lawsuit, when I think about a demotion, I’m also thinking of retaliation. Continue reading

Folks, it’s never a joke when employees use the N-word at work. Make sure your managers know that.

December 2, 2019 | by Eric B. Meyer

Image Credit: PeakPX.com – License to use Creative Commons Zero – CC0

Every so often, I receive a Google Alert about some knucklehead who writes something inappropriate — usually a racial slur — on a restaurant receipt. Often, the knucklehead tries to explain her or his actions away as a joke.