The Employer Handbook Blog

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.

No pants in the office leads to sexual harassment claims, you guys.

November 6, 2013 | by Eric B. Meyer

i·ro·ny (noun)

/ˈīrənē,ˈiərnē/

1. the expression of one’s meaning by using language that normally signifies the opposite, typically for humorous or emphatic effect.

Senate on the brink of approving bill to improve LGBT workplace rights

November 5, 2013 | by Eric B. Meyer

Thumbnail image for CapitolHill.jpg

Earlier this week, I blogged about Senator Harry Reid (D-NV) promising that the Senate would take up the Employment Non-Discrimination Act.

Yesterday, the Senate obtained enough support to put ENDA to a full vote. Every Senate Democrat agreed to press forward. And even some Republicans helped get the bill to cloture, most notably conservatives Orrin Hatch (R-UT) and Dean Heller (R-Nev.), who announced on Monday that he would back ENDA. With 60 members of the Senate supporting ENDA, the matter is ripe for a vote.

However, while it appear likely at ENDA will make it through the Senate, passage in the House is another story. Concerned with the impact ENDA may have on American businesses, House Majority Leader John Boehner reconfirmed yesterday that he would oppose the bill.

“My fake eye was falling out of its socket,” and 12 other wild missed-work excuses

November 4, 2013 | by Eric B. Meyer

Honestly, I was ready to call in sick and use “Bunkered in for the Apocalypse” as my excuse.

I had no other explanation after Nick Foles passed for seven touchdowns yesterday. Seriously, weren’t you at least a bit concerned?

Yep, CareerBuilder’s annual list of “Most Outrageous Excuses Workers Have Given When Calling in Sick” is back. “Employee’s sobriety tool wouldn’t allow the car to start” topped last year’s list.

Find out what made the Top 13 this year, after the jump…

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FACT OR FICTION: You can ban employees from consuming alcohol — even off the clock.

November 1, 2013 | by Eric B. Meyer

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.”

If you operate a business in PA, NJ, DE or the USVI, then the answer is yes. This is true — even if the ban extends to alcohol consumption off the job.

So says the Third Circuit Court of Appeals in this opinion from earlier this week, where an alcoholic employee, who had previously checked himself in to rehab, had violated the terms of a subsequent return-to-work agreement with his employer never to consume alcohol again.

The Boston Red Sox are the 2013 World Series Champions!!!

October 31, 2013 | by Eric B. Meyer

What else did you expect?

(Haters can unsubscribe)

As for the rest of you, considering that I’ve been serving up one of the best employment law blogs every weekday for the past two-plus years, isn’t some Red Sox World Series swag for your guy a fair exchange?

Let’s play: What did Senator Harry Reid say to affect your workplace?

October 30, 2013 | by Eric B. Meyer

Earlier this week, Senator Harry Reid (D-NV) offered some pointed remarks from the Senate floor. He blasted “radical Tea Party Republicans,” lambasted “mainstream Republican colleagues, who remained silent even as the anarchists among us committed political malpractice,” and then proclaimed, “This work period, the Senate will consider the…”

a. “…Twerk for Work Act, which would provide incentives to employers who hire unemployed Miley Cyrus wannabes who shake what their mamas gave them.”

b. “…Fox; specifically, a bipartisan effort to learn what does the Fox say?”

Philadelphia bill would require companies to accommodate pregnant employees

October 29, 2013 | by Eric B. Meyer

Last week, I brought you this news of a bill pending in New Jersey, requiring employers to make available reasonable accommodation for pregnancy-related needs when requested by the employee with the advice of her physician.

Yesterday, I read this article in The Legal Intelligencer about this potential amendment to Philadelphia’s Fair Practices Ordinance, which too would require employers to make reasonable workplace accommodations for employees who have needs related to pregnancy, childbirth, or a related medical condition.

What, you may ask, do the bill’s sponsors have in mind for reasonable accommodation?