The Employer Handbook Blog

Welcome to the Employment Law Blog Carnival: Hollywood Villains Edition

November 20, 2013 | by Eric B. Meyer

Welcome everyone to the Employment Law Blog Carnival. What you’ll find after the jump is the best, recent posts from around the employment-law blogosphere all organized around a common theme.

So, yeah, we need a theme.

[Lousy blog rules]

Two years ago, we spun some tunes with the “Employment Law Blog Carnival: Jukebox Edition.” That featured such hits like “If You Love HIPAA, Let Me See You Twerk It” and a Sex Pistols B-side hidden track about social media policies.

Last year, I went with the “Employment Law Blog Carnival: Hollywood Casting Call Edition.” To the casual internet user, my writing in that post may have seemed, oh, what’s the word, “deranged”? Here is an actual quote:

Stuart Rudner blogs “When trust has been destroyed: Just cause for dismissal.” The Canadian adaptation, “Haste Makes Waste,” is set for release next year and stars Dustin Diamond as Wayne Gretzky. No, not that Wayne Gretzky. Just some guy who plays a total screw-up and happens to have the same name as the “Great One,” which, in turn, helps him to keep his job.

But, to you, my fans, you recognize it as something more than the product of some bad salmon I ingested just before a marathon two-finger typing session. It’s gold!

So, mainly since my brain is fried from churning out this drivel — free drivel — every weekday, let’s stick with the Hollywood theme. How about the Employment Law Blog Carnival: Hollywood Villains Edition? Hannibal Lechter would approve, I’m sure. You may even see him after the jump.

So grab some liver, fava beans and nice chianti and click through to read the carnival offerings…

* * *

EEOC focusing on national-origin discrimination — what employers need to know

November 19, 2013 | by Eric B. Meyer

Last week, the U.S. Equal Employment Opportunity Commission held a public meeting in Washington, D.C. at which invited panelists spoke on national origin discrimination issues in today’s workplace.

Participants discussed various recruitment and hiring issues; discriminatory treatment in assignments; pay discrimination; language and accent issues; effective communication and access issues; harassment; and retaliation.

The EEOC’s event press release highlighted some comments and issues of which employers should take note. Most notably, one management-side lawyer, Douglas Farmer, testified that the multi-cultural workplace presents challenges for employers. For example, based on their cultural background, some men may find it difficult to have a female supervisor.

The prison guard who left the work-release inmates unattended lost his discrimination claim

November 18, 2013 | by Eric B. Meyer

Yeah, I know. Shocker, right?

A prison guard for the Arkansas Department of Corrections drove 27 work-release inmates in a van to a parking lot next to a fried chicken joint. Rather than hit the drive thru, the prison guard left the 27 criminals in the van and went inside to place his order.

For what it’s worth, the prison guard testified that there were no other customers ahead of him in line. Further, the prison guard thought that his chicken stop did not violate any employer policy or rule.

NLRB ok’s firing of two employees who trashed their company on Facebook

November 15, 2013 | by Eric B. Meyer

It’s been a while since we’ve discussed discipline for employee Facebook behavior. So, let’s go over some basics. Generally speaking:

one employee, griping alone on Facebook about his employer, can be fired; but

two employees, complaining together on Facebook about their employer, cannot be fired.

New bill in PA House would erase many local paid-sick-leave laws

November 14, 2013 | by Eric B. Meyer

Earlier this year, the City of Philadelphia got this close to passing a bill requiring local employers to provide paid sick leave to employee.

PA Rep. Seth Grove (York County-R), wants to make sure there are no such close calls in the future.

Late last month, Rep. Grove introduced this bill in the PA House of Representatives, geared towards “providing statewide uniformity regarding vacation and other forms of leave mandated by political subdivisions.”

“Drug-Free Workplace Policy Builder” from the Department of Labor

November 13, 2013 | by Eric B. Meyer

Thumbnail image for DOLlogo.png Ordinarily, I’m reluctant to recommend online modules that help HR professionals create workplace policies.

Like the one I used to create a Borat Workplace Dress Code. Maybe it was the alcohol talking, but I was certain that the one-piece, over-the-shoulder, male swimsuits wouldn’t create a donning and doffing FLSA issue.

Hey, this post got weird quick. Didn’t it?

Placing do-not-hire notes in personnel files of employees who file EEOC charges is dumb

November 12, 2013 | by Eric B. Meyer

If I ever handled a plaintiff’s case again, at deposition, I would be sure to take a page out of the playbook of Texas employment lawyer, Mike Maslanka:

Ask the manager who decided to fire the plaintiff whether he’s eligible for re-hire. An unprepared manager might blurt out, “Of course not; he’s suing us.” Say hello to a retaliation claim.

I thought of Mike as I read this recent Texas Court of Appeals case about an employer that admitted at trial that, its receipt of EEOC right to sue letters “prompted” it to place the following notes on the Charging Parties’ personnel files:

The ADA still requires a plaintiff to show that he has a “disability”

November 11, 2013 | by Eric B. Meyer

When the Americans with Disabilities Act Amendments Act (“ADAAA”) went into effect on January 1, 2009, the changes to the Americans with Disabilities Act (“ADA”) emphasized construing the definition of “disability” to provide broad coverage of individuals to the maximum extent permitted by the terms of the ADA.

In other words, nowadays we’re all disabled.

However, if you’re going to take your employer to trial on a disability discrimination claim, you still need to show a “disability.”

ENDA — a bill banning LGBT workplace discrimination — passes the Senate

November 8, 2013 | by Eric B. Meyer

Thumbnail image for rainbowflag.jpg And it wasn’t close at all.

By a final vote of 64-32, the Employment Non-Discrimination Act, also known as ENDA, passed the Senate on Thursday.

All 52 Democrats, plus 2 Independents and 10 Republicans voted in favor of the bill. Among the notable yes votes was Pennsylvania Senator Pat Toomey (R). Indeed, minutes before voting yes on ENDA, Senator Toomey saw his proposed amendment to the bill, which would have created exceptions for certain religious groups, defeated.

NJ votes to increase minimum wage to $8.25

November 7, 2013 | by Eric B. Meyer

On Election Day, NJ voters approved a constitutional amendment increasing the state’s minimum wage by $1, from $7.25 to $8.25. The new wage rate will take effect on January 1, and future increases will be tied to inflation.

Governor Chris Christie, who was re-elected on Tuesday had opposed the increase, claiming that the state’s economy would have a difficult time withstanding the increase.

New Jersey becomes the 20th state to establish a minimum wage higher than the federal minimum of $7.25.