The Employer Handbook Blog

Are paralegals entitled to overtime under the FLSA? Probably.

October 26, 2015 | by Eric B. Meyer

Last Friday, I had the honor and privilege of presenting at the Philadelphia Association of Paralegals’ Education Conference. The class was essentially a primer on the basics of employment law, during which I emphasized both the types of claims on which paralegals may assist clients, and the employment-law issues that the audience may encounter for themselvesat work.

We explored discrimination, disability accommodations, family and medical leave. And then we got to the Fair Labor Standards Act.

Scary and Frightening: The October Employment Law Blog Carnival #ELBC

October 23, 2015 | by Eric B. Meyer

You should know the drill by now. Once a month, I get to take a day off from blogging and ~~hang out with the Bronies~~ send you over to another HR/employment-law blogger who, in turn, shares with you tons of links to topical blog posts that would only appeal to HR-compliance nerds. And speaking of HR-compliance nerds….

You’re all in luck, chumps. Mike Haberman is hosting this month’s Employment Law Blog Carnival at the HR Observations Blog.

What are you waiting for? Get the heck off my porch and go to Mike’s blog!

Let’s revisit that post about cursing out your boss on Facebook

October 22, 2015 | by Eric B. Meyer

Last year, at about this time, I blogged here about a case involving some employees who thought that their employer had underpaid them. So, they discussed the matter at work. And then continued their conversation on Facebook, where they used language that wouldn’t quite make an Eagles fan in the 700 level of old Veteran’s Stadium blush. But, it would have earned a young Meyer some soap in the mouth.

Can You Fire an Employee Based on a Friend’s Facebook Posts?

October 21, 2015 | by Eric B. Meyer

Well, it depends.

Fact or Fiction: Denying a discretionary bonus may be discrimination?

October 20, 2015 | by Eric B. Meyer

Fact or Fiction? That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

Many claims of discrimination require proof of what’s called an “adverse employment action.” A firing would qualify; so would an unpaid suspension. (But, not a paid suspension). Really, it’s anything that “materially adverse” to one’s job.

Ok. Suppose an employer withholds a discretionary bonus. Could that be discriminatory?

Keep your insensitive FMLA comments to yourself. You too, HR.

October 19, 2015 | by Eric B. Meyer

I’ve heard the Family and Medical Leave Act referred to as the “Friday/Monday Leave Act.” Heck, I called it the Friday/Monday Leave Act last week. Turns out, I need to watch what I say.

“I was late for work because the universe told me to take the day off.”

October 16, 2015 | by Eric B. Meyer

According to a recent CareerBuilder survey, we’re fast approaching that time of year when employees call out sick the most. Most employees stay home when sickness strikes hardest: December (20%), January (15%) and February (14%). Continue reading

Meyer on how lawyers can effectively market themselves through social media

October 15, 2015 | by Eric B. Meyer

My kids know me as dad.

You folks; however, know me as a blogging all-star, one of the lawyers who’s killing it on Twitter, and an all around social-media dynamo.

*** you can stop clapping now ***

Attendance may be an essential job function under the ADA. But, how do you know?

October 14, 2015 | by Eric B. Meyer

The regulations to the Americans with Disabilities Act include a non-exhaustive list of reasonable accommodations that may apply to allow an employee with a disability to perform the essential functions of the job. They include job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; the provision of qualified readers or interpreters. There’s also a catchall: “other similar accommodations for individuals with disabilities.”

Fired for a mouth full of coffee? That’s a new one. Or, maybe, age discrimination.

October 13, 2015 | by Eric B. Meyer

WWE great The Undertaker is 50 years old. He’s an eight-time Heavyweight Champion. But, his greatest feat is ~~never missing one of my posts~~ his streak of 21 consecutive wins at Wrestlemania. But then, at Wrestlemania XXX, the streak ended.

Do you think that The Undertaker’s age motivated the WWE’s decision to script this loss — yes, sorry, it’s scripted? In that context, the notion of age discrimination seems silly. But, what about at work?

Where a 20-year employee with an exemplary record is suddenly fired…