The Employer Handbook Blog

New equal-rights rules for NJ employers take effect next month

October 25, 2012 | by Eric B. Meyer

I’d better remember to post this now before I get bitten and turn into a zombie and munch on your face..

[Note to self: Less of “The Walking Dead,” more sleep].

On November 19, 2012, this new law will take effect in NJ, which will require employers of 50 or more employees (zombies not included) to notify their workforce about “the right to be free of gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment under the ‘Law Against Discrimination.”

Fact or Fiction: FMLA covers a tummy-tuck procedure

October 24, 2012 | 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.”

An employee is eligible for leave under the Family and Medical Leave Act if the employee has “a serious health condition that makes the employee unable to perform the functions of the position of such employee.” An employee has a serious health condition if there is “an illness, injury, impairment or physical or mental condition that involves inpatient care . . . or continuing treatment by a health care provider.”

Treatments for cosmetic procedures are not serious health conditions unless complications develop from the procedure or inpatient hospital care is required. So, an employee who takes leave for a tummy-tuck procedure is not covered under the FMLA.

What happens in Vegas, becomes an FMLA claim

October 23, 2012 | by Eric B. Meyer

Your employee vacations in Las Vegas. She plays the slots, walks the Strip, does some people watching, eats at nice restaurants. And she claims it’s all covered under Family and Medical Leave Act.

And, you know what? She may be right. I’ll tell you why after the jump…

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Employee’s Twitter hatin’ costs him unemployment benefits

October 22, 2012 | by Eric B. Meyer

An employee getting fired for caustic social-media posts is so 2011. Having an application for unemployment-compensation benefits denied because of Twitter stupidity — that’s the new black.

Details of a recent Commonwealth of Pennsylvania decision — don’t tread on me, Idaho — after the jump…

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10 excuses for missing work that are more creative than yours

October 19, 2012 | by Eric B. Meyer

Sorry about that hangnail. Get well soon and thank you for fighting through the agony to read this post. I’ll make it worth your while.

It’s that time of year again: ~~roadtrip with the boys to the FourLoko distillery~~ CareerBuilder’s Annual Survey of the “Most Unusual Excuses Employees Gave for Calling In Sick.” In last year’s survey, “Employee’s 12-year-old daughter stole his car and he had no other way to work. Employee didn’t want to report it to the police” topped the list.

Find out what made the Top 10 this year, after the jump…

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144 “N”-words, but black employees can’t prove they were offended

October 18, 2012 | by Eric B. Meyer

Take a few minutes to read this decision. It will blow your mind.

Here’s the long and short of it:

Three black employees sue for race discrimination claiming that they were subjected to a racially-hostile work environment. The court actually did the math:

Fact or Fiction: Opposing an employee’s u/c request may be Title VII retaliation

October 17, 2012 | 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.”

Under Title VII of the Civil Rights Act, an employer engages in unlawful retaliation when, in response to an employee complaint of discrimination, it acts in a way that may dissuade a reasonable worker from making or supporting a charge of discrimination.

So, let’s assume that an individual files a charge of discrimination with the EEOC against her former employer. Thereafter, the employee files for unemployment compensation benefits, and the employer fights the claim for unemployment compensation, claiming that the employee was terminated for gross negligence. Could that be viewed as Title VII retaliation?

Everything’s bigger in Texas. Even the Facebook stupidity.

October 16, 2012 | by Eric B. Meyer

A Texas court held earlier this month that an employer lawfully fired a paramedic who posted on the Facebook page of a co-worker that she wanted to slap a patient.

But, the plaintiff’s rant isn’t the worst of it.

When warned by a co-worker that the plaintiff’s Facebook post was accessible by the general public, the plaintiff responded — publicly on Facebook:

172 resources to up employment flexibility in your workplace

October 15, 2012 | by Eric B. Meyer

1. Yoga

2. Bikram Yoga

3. That other kind of yoga

Psst…there’s a hella-good new blog for HR and employment law

October 12, 2012 | by Eric B. Meyer

Janette Levey Frisch, In-House Counsel at Joule, Inc., has guest-blogged here before (here and here). As you know from her posts here, she is a fantastic employment lawyer. Now you can reap more of the benefits by checking out her brand new employment-law blog: The Emplawyerologist (http://theemplawyerologist.wordpress.com/).

Welcome Janette!