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ADA and Burger King?!? Has someone been eating too many Whoppers? No. But I did spend a 20 minute Uber ride yesterday sucking down mustard packets.

Actually, the inspiration for this post comes from Seattle Attorney, Michael Harrington, who presented “The Wild, the Weird and the Wonderful FMLA/ADAAA Cases…And the Lessons for Employers!” with me yesterday at the Disability Management Employer Coalition (DMEC) FMLA/ADAAA Employer Compliance Conference.

(If you want a copy of our PPT, please email me. I got you.)

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I can’t blame you if last month’s decision from the National Labor Relations Board, left you asking the question: “Are there no limits to what employees can get away with on social media?” The Board decision, in case you missed it, reinstated an employee who went on Facebook and called his boss a “NASTY MOTHER F*&KER”  and, then added, “F*&k his mother and his entire f*&king family!!!!”

So, yeah, I’ll admit it. The Board’s decision leaves me wondering how far an employee can go when discussing the terms and conditions of employment.

Still, I’m here to reaffirm that there are limits. Indeed, when an employee uses social media to discuss matters unrelated to the workplace, there’s probably no protection available.

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More eagerly anticipated that the premiere of Paul Blart: Mall Cop 2, yesterday, the EEOC released its new proposed rules on wellness programs.

Although, based on the Paul Blart reviews, hemorrhoids too may be more eagerly anticipated. No strikethrough on the last sentence. Weird.

But, if you want to have an employee wellness program that complies with the Americans with Disabilities Act, here are five things the EEOC wants you to do…  Continue reading

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Geez! What’s gotten into me this week? Even by The Employer Handbook editorial standards, which are lower than Title VII’s religious accommodation undue hardship test.

[I’ll be here all week. Sorry.]

First, a 1000+ word blog post on ADA telework, followed by two cheeky posts on bad interview questions and the FMLA. So, naturally, this builds up to a Thursday post about oral.

As I resist every urge to cheapen this further by resorting to silly puns and other double entendre, allow me to set the stage for you: Continue reading

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AKZF5oZ

This one goes out to all of you employees who are contemplating a claim against a former employer for violating the Family and Medical Leave Act.

Read this federal court opinion and make a mental note: when you voluntarily work from home, that’s not “leave” under the Family and Medical Leave Act. Yep, when you choose to work from home, and tell your employer that you are working from home that makes Ford Motor Company angry, you wouldn’t like it when Ford gets angry, your employer doesn’t need to offer you FMLA, or let you know that you qualify for FMLA. Continue reading

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Kinda like this, but different.

According to a recent survey from CareerBuilder.com, 1 out of 5 employers failed to read my 2011 blog post about interview questions to avoid, have asked a question in a job interview only to find out later that it was illegal to ask.

Indeed, the poll indicates that only 1 in 3 hiring managers recognized that questions, such as the ones listed below, should be off-limits:

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If you’re in a rush, I’ll hit you with the punchline and save you the trouble of reading 1,000+ words of blog post:

Telecommuting may be a reasonable accommodation under the Americans with Disabilities Act, except where regular attendance is an essential function of the job.

For those of you with a few minutes to spare, today’s post springs from a case, a saga really, involving the the US Equal Employment Opportunity Commission and Ford Motor Company. And since I have a few good employer takeaways at the end — hey, don’t skip all the way through! — today’s post is worth the time. Continue reading

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Exactly one month ago, I addressed what many consider to be the elephant in the room when it comes to transgender employees: bathroom use.

On Wednesday, EEOC Commissioner Chai Feldblum fired off a series of tweets (1, 2, 3, 4, 5, 6, 7) to lawyers representing employers and employees. Below (and here) is the one she sent to my side of the bar:

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Let’s start this post off with a disclaimer:

People! I’m just a man; not a god.

I’m going to address travel time under the Fair Labor Standards Act. Many of you folks live in crazy states, like New York and its crappy basketball team, which is even worse than the Sixers. I didn’t know that was possible, that have more lenient state versions of the Act. I’m not giving any advice about state laws or local laws. Heck, I’m not giving any legal advice at all. The blog’s general disclaimer applies with equal force to this post.

Now, let’s get to it… Continue reading

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