The Employer Handbook Blog

Orange Crushed! Jury awards $277,565.44 to a diabetic employee fired for drinking OJ at work

September 20, 2016 | by Eric B. Meyer

Earlier in the Summer, I blogged here about this federal court opinion, recognizing that a convenience store may have violated the Americans with Disabilities Act by firing a diabetic cashier.

The facts showed that the diabetic cashier twice violated the store’s grazing policy by removing bottles of orange juice from the store cooler without immediately paying for them. Except, she may have taken the OJ, because the store otherwise refused to accommodate her disability. Continue reading

What your business can do NOW to prepare for the DOL ‘Blacklisting’ rules and guidance.

September 19, 2016 | by Eric B. Meyer

In 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order. Folks like me on the management-side refer to this Order as the Blacklisting rules. In general terms (I’ll get a little more specific below), the Blacklisting rules require prospective federal contractors and subcontractors to disclose anything that may appear on a laundry list of labor-and-employment-law faux pas.

Last month, the Department of Labor (DOL) and the Federal Acquisition Regulatory Council (FAR Council) issued the final rules and guidance implementing the Executive Order.

If you read on, I’ll tell you who’s covered by the Blacklisting rules (hint: lots of government-contractor employers), what they say, and when they take effect. I’ll also include some tips about how you can proactively prepare for these Blacklisting rules now.

Happy belated birthday!

September 16, 2016 | by Eric B. Meyer

To the Connecticut Employment Law Blog, which just celebrated its ninth birthday on September 14. Authored by my friend Daniel Schwartz, a partner at Shipman & Goodwin LLP, this awesome employment-law blog inspired me to get my employment-law blog on.

If you’ve never checked out Dan’s blog, what the heck are you waiting for? Go!

Dan – Below is a little present to a die-hard Yankees fan from an Olde Towne Team supporter. It’s the best I could do on short notice. Enjoy!

She had it up to here with her co-workers, and the company hardly helped. ADA violation? Maybe.

September 15, 2016 | by Eric B. Meyer

Had I represented the plaintiff in this case, I would’ve found a way to incorporate this .gif into my brief opposing the employer’s motion for summary judgment.

Is it legal to fire a server for complaining on Facebook about an NFLer’s 75-cent tip?

September 14, 2016 | by Eric B. Meyer

TMZ — respect, I get stories from TMZ — reports here that a server at a Maryland restaurant blasted Pittsburgh Steelers running back DeAngelo Williams on Facebook for allegedly tipping him $0.75 on a $128.25 meal tab:

“Just now at work I had Deangelo Williams come in and I waited on while tending bar. His check was $128.25. He left me $129 with no tip but .75 cents. So there you go Stealers fans, your running back is cheap as s**t!!! Smh.”

Will the Supreme Court be the hero that employers need for their class-action waivers?

September 13, 2016 | by Eric B. Meyer

Is it just me, or do you guys also quote Varsity Blues whenever you hear the Foo Fighters sing My Hero?

“I don’t want your life.”

Soon, all employers may be forbidden from asking about a job applicant’s salary history

September 12, 2016 | by Eric B. Meyer

Last month, Massachusetts passed a new law, which will take effect in July 2018, and make it illegal for employers to ask about a job applicant’s salary history before making an offer of employment. As Stacy Cowley at The New York Times reports (here), the impetus for the new law is to reduce the wage gap between men and women:

By barring companies from asking prospective employees how much they earned at their last jobs, Massachusetts will ensure that the historically lower wages and salaries assigned to women and minorities do not follow them for their entire careers. Companies tend to set salaries for new hires using their previous pay as a base line.

Now, three members of the U.S. House of Representatives, including Congresswoman Eleanor Holmes Norton, the first woman to chair the Equal Employment Opportunity Commission (EEOC), plan to introduce similar legislation federally.

Yes, the NLRB will also clobber unions who punish social media complainers

September 9, 2016 | by Eric B. Meyer

And, you’ll have to excuse me for not clutching my pearls.

Blaming the victim is a bad way to respond to a sexual harassment complaint

September 8, 2016 | by Eric B. Meyer

Indeed, it cost a southern baptist church $25,000.

Arm the torpedoes! Full speed ahead with lawsuit against new DOL overtime rules!

September 7, 2016 | by Eric B. Meyer

There are 85 days left until the new U.S. Department of Labor overtime rules take effect. However, according the a recent report from Chris Opfer and Ben Penn at Bloomberg BNA (here; subscription required), the U.S. Chamber of Commerce is ready to sue.