The Employer Handbook Blog

Top 10 Legal Land Mines to Watch Out for in 2016

January 25, 2016 | by Eric B. Meyer

There they are.

Those are my kids, after clearing our driveway with the discount shovels that I purchased from the dollar store. (I was tempted to splurge on the gas-powered snowblowers from the two-dollar store across the street; but, I’m not a monster). So, I did what any proud parent would do. I ~~marketed~~ posed them on a nearby snowmound and forced smiles (under threat of cancelling Disney Jr.) to attract other area homeowners in need of quality labor. Hey, daddy needs a new set of camouflage 22-inch rims.

How do you handle FMLA and FLSA for a snow day office closure?

January 22, 2016 | by Eric B. Meyer

Back when I had three kids — the one-year old (not pictured) is salting the sidewalk — I took some liberties with snow days and the Fair Labor Standards Act. I’m exempt of course (Executive exemption — like a boss!). For the kids, rather than worry about minimum wage or overtime, I just paid them in Pop Tarts. An honest day’s pay for an honest day’s work. Unless, they had dirty diapers. Then, I docked their pay.

Fast forward a few years. Now, I have four kids. So, with a big snow storm on the way, the older siblings can assume the position while the baby whips me up a hot toddy. Ok, coffee.

I like to pretend that I’m not in New Jersey. Let’s call it international waters. But for you folks in the “real world,” there are some Fair Labor Standards Act and Family Medical Leave Act implications if your business closes for the impending snow. Let’s break ’em down:

Supreme Court makes it harder for employers to dispose of FLSA lawsuits

January 21, 2016 | by Eric B. Meyer

About three years ago, I blogged here about Genesis HealthCare Corp. v. Symczyk, a Supreme Court decision addressing a situation in which a Fair Labor Standards Act collective action could be dismissed if the lead plaintiff rejects a Rule 68 offer of judgment. However, the Supreme Court left open the issue of “whether an unaccepted Rule 68 offer that fully satisfies a plaintiff’s individual claim is sufficient to render that claim moot.”

Well folks, strap in, because yesterday, the Supreme Court answered that question.

Flushing the toilet on a phone interview — and nine other ways not to get hired

January 20, 2016 | by Eric B. Meyer

Well, at least it was a phone interview.

Hey, one thing you guys know about me is that I’m all about the low hanging fruit and the cheap laugh. So, when I see that CareerBuilder has published it’s 2016 version of “Employers Share Strangest Interview Mishaps and Biggest Body Language Mistakes,” I’m bout it, bout it.

(Sorry, FMLA compliance nerds, you’ll have to wait for another post).

FLSA 101: When do you have to pay employees for rest breaks?

January 19, 2016 | by Eric B. Meyer

This Tuesday blog post is brought to you by the number 20. As in, when your non-exempt employees go on break for 20 minutes or less, you need to pay them for that time.

Can an FMLA-eligible employee decline FMLA and take other accrued leave instead?

January 15, 2016 | by Eric B. Meyer

***Double checks Powerball ticket***

Dammit!

Oh, hi there. I didn’t see you come in. Now, get out of here and head over to Thompson’s HR Compliance Expert. You’ll find a new feature called “Opposing Counsel.” At various points throughout the year, I will debate HR-compliance issues with employee-rights lawyer, and my buddy, Donna Ballman. Think, my snark — times two. Plus, you get the added benefit of the point of view of an attorney from the dark side. (Donna’s probably telling her readers the same thing…LOL).

Don’t let this be the year that your business faces a big wage and hour lawsuit

January 14, 2016 | by Eric B. Meyer

Unfortunately, I did not win last night’s Powerball jackpot. Thus, today, you get a substantive post about employment law, rather than a terse, “Thanks for reading, suckers!” Send Off.

Oh, but you’re still my suckers. I say that with peace and love.

Suckers.

When must companies accommodate employee medical marijuana use? How about never?

January 13, 2016 | by Eric B. Meyer

I’ve blogged (here) that grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination.

I’ve blogged before (here) that the Americans with Disabilities Act does not protect illegal drug use by employees. So, if the illegal drug use, and not the disability, motivates a company to fire an employee, that’s perfectly legal.

GUEST POST: Can Your Cyber Policy Handle The Truth (About Your Employees)?

January 12, 2016 | by Eric B. Meyer

Because all of the images of Colonel Jessup ordering a Code Red are copyright protected, you get this one of Jack. But, better than Jack, today you get ~~Wednesday’s Powerball jackpot numbers~~ a guest post from my colleague, Jordan Rand. In addition to having a half-decent jump shot, Jordan is developing a niche practice in cyber insurance, which could come in handy for many of you given the data breach risks that your employees present.

Anyway, check out Jordan’s post below. And, if you’re in or around Denver on February 17, check him out at the University Risk Management and Insurance Association’s Western Regional Conference, where he’s presenting “Cyber 2.0: What We’ve Learned So Far and What We Haven’t.”

If you want to connect with Jordan, you can email him. Continue reading

Inconsistent employee discipline can create legal issues. Here’s a way to fix that.

January 11, 2016 | by Eric B. Meyer

That was my KitKat! Spit it out! Spit it out, dammit! Hey, hey, turn off that camera!

Over the weekend, after the Hershey’s Chocolate World shenanigans, I read a Fifth Circuit FMLA retaliation opinion that, unfortunately, read like so many prior employment legal skirmishes.