The Employer Handbook Blog

An employer trolled a job candidate’s bikini photo on Instagram and it backfired HORRIBLY

October 4, 2019 | by Eric B. Meyer

Many of you have Googled or otherwise searched for a job candidate online before extending an official offer. I imagine that there were times that you found something objectionable that caused you to reconsider the offer.

But, how many of you have actually gone so far as to publicize your selection process on social media and shame the candidate? Continue reading

NJ issues “Guidance on Race Discrimination Based on Hairstyle”

October 3, 2019 | by Eric B. Meyer

NJ-high-school-wrestler-forced-to-cut-dreadlocks-YouTube-1024x577

Image Credit: YouTube

Just before Christmas last year, a referee in a high school wrestling match in New Jersey told an African-American wrestler that he must cut his dreadlocks or forfeit the match. This made national news.

ICYMI: Here’s a link to yesterday’s FMLA and workers’ compensation webinar. It’s free!

October 2, 2019 | by Eric B. Meyer

Image Credit: Pixabay.com

Whether you were celebrating the second day of Rosh Hashanah, otherwise too busy at work, or love relistening to FMLA webinars, check out a recording of the webinar I presented with a few others yesterday for the Disability Management Employer Coalition (DMEC). Continue reading

No, a late request for a workplace accommodation doesn’t excuse prior performance issues

October 1, 2019 | by Eric B. Meyer

Image Credit: Photofunia.com (https://photofunia.com/results/5d92b3c0089f7a3a938b457d)

Often, when I present at HR events on reasonable accommodations under the Americans with Disabilities Act, I’m asked about how to deal with disciplining employees who wait until after the performance issues arise and the progressive discipline follows to request an accommodation.

Specifically, do you have to excuse prior performance issues that may have been disability-related? The answer was no.

And based on this federal court opinion I read recently, the answer is still no. Continue reading

Because even Al Capone had to pay his taxes on illicit income

September 30, 2019 | by Eric B. Meyer

Image by CMElixirs from Pixabay

Let’s assume that you run a business that may operate illegally under federal law. Continue reading

When is a hostile work environment not a hostile work environment?

September 27, 2019 | by Eric B. Meyer

Image Credit: Photofunia.com (https://photofunia.com/results/5d8ded1e089f7aab308b457c)

(Eric, have you been drinking Peach Schnapps again?) Continue reading

Let’s have date, you and I. Actually, how about two?

September 26, 2019 | by Eric B. Meyer

Photo via Good Free Photos

Please don’t tell my wife. Continue reading

The DOL final overtime rule is out today. Here is what employers need to know now.

September 25, 2019 | by Eric B. Meyer

2018-alarm-clock-balance-612051-1024x1024

Image Credit: Pexels.com (https://www.pexels.com/photo/2018-alarm-clock-balance-business-612051/)

Yesterday, the U.S. Department of Labor announced here that it will issue a final overtime rule today. Most notably, the DOL is updating the earnings thresholds necessary to exempt executive, administrative and professional employees (EAPs) from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements.

Below, I’ll address that new salary level and just about everything else that employers need to know about this new rule: Continue reading

Court slices FMLA retaliation claim of employee caught golfing while on leave

September 24, 2019 | by Eric B. Meyer

By Shane Smith, CC BY-SA 3.0, Link

An employee with severe shoulder pain sought and received from his employer leave under the Family and Medical Leave Act. The employer notified the employee that the leave was limited to up to four medical appointments per year and for monthly flare-ups lasting up to three days per episode.

Then, things got curious.
Continue reading

The House just delivered a big blow to employment arbitration agreements.

September 23, 2019 | by Eric B. Meyer

Image Credit: Photofunia.com

It’s called the FAIR Act, which stands for the Forced Arbitration Injustice Repeal Act. The FAIR Act would amend the Federal Arbitration Act to prohibit a pre-dispute arbitration agreement from being valid or enforceable if it requires arbitration of an employment, consumer, antitrust, or civil rights dispute. Continue reading