The Employer Handbook Blog

How could racial slurs and offensive graffiti not be a hostile work environment? I’ll try to explain.

January 28, 2025 | by Eric B. Meyer

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Last night, I came across a court decision that raised some eyebrows. The case involved a black employee who alleged that his white supervisor used racial slurs, including the n-word, and that the same slur was found written on a bathroom wall. He reported harassment and felt that his concerns were ignored. So, the employee claimed a hostile work environment.

You’d think the employee might win, right? But the court sided with the employer. Continue reading

Beyond the Doctor’s Note: Tools for Validating FMLA Requests

January 27, 2025 | by Eric B. Meyer

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Suppose an employer learns that an employee who claimed a serious health condition under the Family and Medical Leave Act (FMLA) faked his injury to take time off for personal business. What steps can the employer take without violating the FMLA? Continue reading

Religious Exemptions 101: WWJD? (What Would Judges Do)

January 24, 2025 | by Eric B. Meyer

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In a recent decision, the First Circuit Court of Appeals reversed a lower court’s dismissal of a religious discrimination claim. The case involved an employee terminated for refusing a COVID-19 vaccination due to her religious beliefs.

Yes, I get it—COVID-19 cases may feel like old news. But stick with me because this decision carries a vital lesson: Employers should focus on accommodating employees’ beliefs rather than questioning their sincerity.

The Backstory

DEI Shake-Up: What President Trump’s Executive Order Means for Your Business

January 23, 2025 | by Eric B. Meyer

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ICYMI, President Trump has issued an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This order aims to eliminate illegal discrimination and preferences based on race and sex in federal policies and practices, with significant implications for private businesses. Here’s what human resources professionals, employment lawyers, and business owners need to know about it: Continue reading

New EEOC Chair, New Focus: What Businesses Should Know

January 22, 2025 | by Eric B. Meyer

Yesterday, President Trump appointed Andrea Lucas as the Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), signaling notable changes for the agency tasked with enforcing federal anti-discrimination laws in the workplace. Lucas brings a clear set of priorities to address workplace discrimination. Here’s what HR professionals, employment lawyers, and business owners should know about them

1. Rights of Individuals > Group Outcomes

Lucas advocates for balanced enforcement of employment civil rights laws. She believes the EEOC’s role is to protect the rights of individuals, not to measure justice by group outcomes. This approach emphasizes that civil rights laws should be applied equally to everyone, regardless of their background. “I intend to dispel the notion that only the ‘right sort of’ charging party is welcome through our doors,” said Lucas.

Splish Splash, That’s Not Your Cash! New DOL Guidance Keeps Managers out of the Tip Pool.

January 21, 2025 | by Eric B. Meyer

Navigating the maze of wage laws can sometimes feel like playing a high-stakes game of “gotcha,” especially for restaurant operators. A recent opinion letter from the Department of Labor (DOL) clarifies when managers and supervisors can participate in tip pools if they perform the same duties and responsibilities as other typically tipped employees.

TLDR: never.

Understanding the Basics

FLSA Exemptions For Employers: Now 40% Less Daunting, 100% Still Your Problem

January 20, 2025 | by Eric B. Meyer

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Last week, the Supreme Court clarified employers can show how certain employees don’t need to be paid overtime or minimum wage under the Fair Labor Standards Act (FLSA)

Spoiler alert: it’s not as tough as some courts thought. Continue reading

Paid Leave Jigsaw: New DOL Guidance for Employers to Fit FMLA and State Rules Together.

January 17, 2025 | by Eric B. Meyer

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This week, the U.S. Department of Labor’s Wage and Hour Division issued an opinion about substituting paid leave under the Family and Medical Leave Act (FMLA) when employees take leave under state-paid family leave programs.

I’ll break it down for you. Continue reading

Cheeseheads, Consequences, and Crossing the Line: HR Lessons from the Stands

January 16, 2025 | by Eric B. Meyer

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The original uploader was Betp at French Wikipedia. – modifications by User:Maps and stuff: perspective correction to straighten foreground goalpost; cropped part of sky to match aspect ratio of side-by-side image in the Philadelphia article’s montage-style infobox; removed large ad at far side of field by cloning., CC BY-SA 3.0, via Wikimedia Commons

According to a NY Post report, an Eagles fan was caught in a video crudely insulting a female Packers fan at Sunday’s playoff game between the two teams at Lincoln Financial Field in Philadelphia, PA. Within a few days, that fan—who worked in a DEI-focused consulting role—found himself without a job.

When the Cat’s Paw Scratches: How a University Got Schooled on Employment Law

January 15, 2025 | by Eric B. Meyer

Recently, a federal magistrate judge found sufficient evidence to support the ‘cat’s paw’ theory, a concept that should be on every HR professional’s radar. Continue reading