The Employer Handbook Blog

Court ok’s firing EAP employee upset with company’s workplace investigation

September 24, 2013 | by Eric B. Meyer

J. Neil DeMasters worked as an EAP counselor for Carilion Clinic. During the course of his employment, a co-worker came to him complaining to have been a victim of sexual harassment. Mr. DeMasters relayed his co-worker’s complaint to HR. Then he was fired.

Does Mr. DeMasters have a possible retaliation claim? Nope.

DeMasters’ statements to Carilion’s human relations department qualify as protected oppositional conduct. There are no allegations in this case that DeMasters played any role in Doe’s sexual harassment complaint beyond counseling Doe through the EAP and relaying Doe’s complaint to Carilion’s human relations department. Merely ferrying Doe’s allegations to Carilion’s human relations department is in no sense oppositional, and DeMasters did not engage in protected activity in so doing…. DeMasters intended only to relay Doe’s complaints to Carilion, not voice his own opposition to any unlawful employment practice, such as the sexual harassment or hostile work environment alleged by Doe.

Does the ADA mandate transfer preferences for disabled employees?

September 23, 2013 | by Eric B. Meyer

Last Friday, I had the pleasure of speaking at the National Employment Lawyers Association – New Jersey Annual Conference.

I must admit that I was a bit leery. While it sounded legitimate enough — they asked me to speak on a panel addressing accommodation issues under the Americans with Disabilities Act — being the guy with The Employer Handbook blog, I half expected to be chloroformed upon arrival, and buried under a jughandle, left to be constantly trampled by folks making left turns from the right lane.

But, instead, I spoke to a sharp, engaged audience and met some wonderful people. (NJ management-side lawyers: there’s a reason we get paid the big bucks. These employee-side folks don’t make it easy!)

Your resume is in Klingon, plus 11 other ways not to impress the hiring manager

September 20, 2013 | by Eric B. Meyer

Last week, CareerBuilder.com released its survey and study of resume do’s and don’ts. The one I received on used toilet paper was both a do-do and a don’t. But, at least she used 12-point Times New Roman. Still, that didn’t make the list. Here’s what did…

How long should a resume be?

Two pages max; one page if you are a recent college grad.

That’s what they said: Facebook “Like” under the First Amendment, same-sex marriage benefits, plus a carnival

September 19, 2013 | by Eric B. Meyer

Now, where did I put the mustard for my deep fried Red Bull battered Twinkie dog? (Like I would ever use ketchup for that?!?)

While I search for the spicy brown, after the jump, I’ll get you caught up on the latest employment-law news…

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DOL provides guidance on home care workers and law firm internships

September 18, 2013 | by Eric B. Meyer

I remember back in the good old days, when law-firm internships meant private jets, caviar lunches and….toilet paper? As if!.

But now, times are tougher. Some firms find themselves forced to forego paying law students in lieu of offering volunteer pro bono opportunities to enable them to receive work experience. This recent advice letter from the Department of Labor sorts out the circumstances in which not paying these interns will pass muster on the Fair Labor Standards Act.

But the DOL wasn’t done there. Yesterday, it announced a final rule extending the Fair Labor Standards Act’s minimum wage and overtime protections to most of the nation’s workers who provide essential home care assistance to elderly people and people with illnesses, injuries or disabilities. There is also a new set of answer to Frequently Asked Questions here.

How ordering cheesesteaks can help employers with disability-accommodation requests

September 17, 2013 | by Eric B. Meyer

In Philadelphia, we’re known for certain things, such as cheesesteaks. Ordering the cheesesteak is a bit of an art form. For example, I could order a “Cheese steak, with Cheez Whiz and fried onions.”

Or, I could simply say, “Cheese wit.” As most anyone around her knows that Cheez Whiz is the default “cheese” and “wit” means “with fried onions.

[Those of you who are giving me that disdainful Cheez Whiz stink face through your computer — right back at ya, when you order the “Philly Cheesesteak” on your local dinner menu. For there is nothing “Philly” or “Cheesesteak” about that sludge, right down to the Swiss cheese and mayo. Ya heathen!]

Lady Gaga may owe her former assistant a lot of unpaid OT

September 16, 2013 | by Eric B. Meyer

We’re talking a lot of money honey.

[Bravo, Eric. You couldn’t even make it one line without a stupid Gaga pun].

Pun free after the jump…

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Body shots + booty shorts + live office sex = no sexual harassment

September 13, 2013 | by Eric B. Meyer

Sounds like one crazy party. Or just another Thursday at the Pine Woods Apartments.

Kristen Glemser had no idea…

On December 7, 2006, Kristen Glemser, a marketing/leasing agent for Pine Woods showed up for work, just like she would any other day. Except that some of the ladies in the office had planned a small party of one of Ms. Glemser’s female co-workers.

EEOC Commissioner Feldblum provides answers on obesity as an ADA disability

September 12, 2013 | by Eric B. Meyer

About two years ago, the EEOC sued a Texas company, alleging that the company engaged in disability discrimination, in violation of the Americans with Disabilities Act, when it fired a 680-pound worker because he was morbidly obese. The EEOC alleged that the employee’s immense weight interfered with his ability to walk, stand, kneel, stoop, lift and breathe. Consequently, he was disabled, as defined under the ADA.

Since then, at least one court has recognized that morbid obesity may be a disability, while another court held that, under state law, morbid obesity is not a disability. It was right around this time that the American Medical Association adopted a new policy that officially labels obesity — not morbid obesity, but obesity — as a disease.

So how does employee obesity impact employers under the ADA?

Waitress suspended for posting racist customer receipt on Facebook

September 11, 2013 | by Eric B. Meyer

It’s a story that first made news over the weekend and is quickly picking up steam, ironically, because of social media.

A customer at a Tennessee Red Lobster restaurant allegedly left a racist message on a receipt. An African American waitress subsequently posted the receipt to Facebook with the message:

“This is what I got as a tip last night…so happy to live in the proud southern states..God Bless America, land of the free and home of the low class racists of Tennessee”