The Employer Handbook Blog

Six million reasons to remember that the EEOC continues to take your company’s background checks seriously

November 19, 2019 | by Eric B. Meyer

By U.S. Government – Extracted from PDF file here., Public Domain, Link

On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.

The EEOC believes that the use of criminal record history and other background checks can have a disparate impact by disproportionately screening out certain minorities without any business-related need.

After several potholes and speedbumps trying to enforce its guidance in the courtroom against employer-defendants, the EEOC has finally won a big race. Continue reading

Can a company require new employees not to bash it on Glassdoor? Is that legal?

November 18, 2019 | by Eric B. Meyer

Glassdoor [Public domain], via Wikimedia Commons

Let’s find out. Continue reading

A new bipartisan bill would create more FMLA leave time for spouses that work for the same employer.

November 15, 2019 | by Eric B. Meyer

Jeff Belmonte from Cuiabá, Brazil [CC BY 2.0], via Wikimedia Commons

The Family and Medical Leave Act provides eligible employees with up to 12 workweeks of job-protected leave during any 12-month period for specified family and medical reasons. But, if two spouses work for the same company, maybe, not so much.

New legislation in NJ would make it much harder to use independent contractors

November 14, 2019 | by Eric B. Meyer

Image by Sandra Ferentschik from Pixabay

Yesterday, one of my favorite readers of the blog forwarded me a link to this article, “Sweeney-backed bill may eliminate independent contractors in N.J.”

That got my attention. Continue reading

Courts don’t second-guess non-discriminatory business decisions. Even the tough ones.

November 13, 2019 | by Eric B. Meyer

Image by mohamed Hassan from Pixabay

There are times when employers have to make difficult decisions impacting the workplace. Today, I’m going to talk to you about one of them involving an employee who attempted suicide and, subsequently, pressed the company to return him to work.

How to fire a poor performer who complains about discrimination and still avoid a retaliation claim

November 12, 2019 | by Eric B. Meyer

Image by Christos Giakkas from Pixabay

You have an underperforming supervisor in your workplace. Several employees have complained about her work performance and leadership. So, the plan is to fire her. Except, three weeks before you terminate this supervisor’s employment, she complains about discrimination.

Can you go through with the termination? Or is the timing so suggestive of retaliation that you’re practically guaranteeing a jury trial on that issue?

Let’s find out…

The DOL plans to make it easier for you to pay bonuses while using the fluctuating workweek

November 11, 2019 | by Eric B. Meyer

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After a Harry Potter tour behind-the-scenes, some additional London sightseeing, and a Premier League game, the Meyers have made it back to the United States. Unfortunately, since my body is still on Greenwich Mean Time, I’m typing this post at 5:30 in the morning local time.

But, hey, my four kids survived two cross-Atlantic flights and didn’t otherwise get us banned from the UK. So, it’s all good.

As we approach the holiday season, remember to protect your seasonal workers

November 8, 2019 | by Eric B. Meyer

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Our first full day of London sightseeing is in the books. Not only did I leave and return home to our VRBO with four children — #DadOfTheYear — but I also found a suitable protector for the many barrels of local whiskey that I’m gate-checking at Heathrow when I return home.

It was a good day. Continue reading

Was the plaintiff too Jewish to get a job in Ohio? Or was it something else? (Spoiler alert: Something else)

November 7, 2019 | by Eric B. Meyer

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Having avoided sepsis and other O’Hare carpet-related food contamination, the Meyer Family arrived in London yesterday, dominated some fish and chips (not pictured above) in Soho, and is gearing up for a full day of sightseeing and shenanigans today.

So, with the kids in bed and me at the computer sipping a 330 ml British IPA — God Bless America and it’s full 12 oz beer cans, yeah, I Googled the conversion rate — I have a little time to blog. Continue reading

A company called the plaintiff an ‘old timer’ and later fired him. But he LOST his age bias claim. Here’s why…

November 6, 2019 | by Eric B. Meyer

Image Credit: https://publicdomainvectors.org/en/free-clipart/Old-man-with-cane/46227.html

There are plenty of buzzwords and phrases that, when uttered in the workplace, made provide good fodder for an age discrimination claim.

For example, referring to someone as an ‘old timer’ can be direct evidence of age discrimination. Then, if an email were to surface in which the company writes that it is ʺlooking for young sharksʺ to become junior salespeople, well that’s not got either.

Except, here’s the thing. Continue reading