The Employer Handbook Blog

Court says Hobby Lobby decision sometimes greenlights sex discrimination at work

August 22, 2016 | by Eric B. Meyer

Last week, a Michigan federal court held (here) that a workplace dress code that requires one gender to conform to a sex stereotype (e.g., men must wear suits, and women must wear dresses) is “direct evidence” of sex discrimination. But, the employer in the Michigan case refused to waver from the letter of the dress code, and avoided a sex discrimination claim under Title VII.

Why? Because Hobby Lobby.

Your dress code may create a big sex-discrimination mess at work

August 19, 2016 | by Eric B. Meyer

Just for today, head on over to LinkedIn, and check out my post about how strict application of your dress code could result in a nasty sex discrimination claim.

(And a little teaser for Monday — I’ll explain why the Supreme Court’s Hobby Lobby decision may trump Title VII and allow some employers to discriminate).

Do-over! Employer avoids a discrimination claim by rescinding employee’s termination

August 18, 2016 | by Eric B. Meyer

Get back to where you once belonged.

Celebrating an employee accused of domestic violence with a song about domestic violence — bad idea.

August 17, 2016 | by Eric B. Meyer

It is fairly common for Major League Baseball pitchers to have music played when they enter a ballgame. For example, the great Mariano Rivera famously entered games in the ninth inning to Metallica’s Enter Sandman. Aroldis Chapman (pictured above), can hurl a baseball 103 miles per hour with his left hand. He enters games to the sweet soothing Wake Up by Rage Against the Machine.

Except, something changed earlier this week.

There’s a metaphor for the $7 million that the DOL is paying to settle its own employees’ FLSA claims…

August 16, 2016 | by Eric B. Meyer

Wait, it’ll come to me….

Do you need the new FLSA poster? Well, since I asked…

August 15, 2016 | by Eric B. Meyer

We know from Friday’s post that 89% of you are federal wage and hour minimum-wage all-stars. To celebrate, and because I love each and every one of you, the least I could do is hook you up with the U.S. Department of Labor’s new Fair Labor Standards Act (FLSA) Minimum Wage Poster.

Do most employers pay minimum-wage workers more than $7.25/hour? YES! (And it’s not even close)

August 12, 2016 | by Eric B. Meyer

Since July 24, 2009, the federal minimum wage for covered nonexempt employees has been $7.25 per hour. Many states and cities have raised that floor, with some cities, like Seattle, headed to $15/hr.

But, federally, despite pressure from many to raise it, we’ve been stuck at a $7.25 minimum wage for over 7 years.

Is a confidentiality provision in an employee settlement agreement worth the paper it’s printed on?

August 11, 2016 | by Eric B. Meyer

A reader emailed me yesterday.

“Hey Eric, Clients are wondering about value of settlement NDAs after ex-Fox News HWE victims go public despite contracts. Your reaction?”

Yes, your company may get nailed for a hostile work environment created by your customer

August 10, 2016 | by Eric B. Meyer

Just when you thought it was tough enough to keep your own workforce in line.

Yes, we get it already. Permanent light duty is not an ADA reasonable accommodation.

August 9, 2016 | by Eric B. Meyer

The Americans with Disabilities Act requires an employer to provide a reasonable accommodation to an employee with a disability, when doing so will permit that employee to perform the essential functions of the job. Examples of reasonable accommodations include reassigning non-essential job functions to other employees, a transfer to another open position for which the employee is qualified, and temporary light-duty assignments.

But what about permanent light duty?