The Employer Handbook Blog

HR 101: Don’t suggest “No More Hysterectomies” to a woman on FMLA

July 10, 2012 | by Eric B. Meyer

In my years of practicing employment law, I’ve drafted several employee handbooks and Family and Medical Leave Act (FMLA) policies for employers. The policies I draft are thorough. But just the other week, it occurred to me that I should probably add some language to the effect that supervisors should refrain from recommending the book No More Hysterectomies to any female employee who requests FMLA leave, especially to have a hysterectomy.

That recommendation would be stupider than stupid stupid. And, wouldn’t you know it, a company in Ohio appears to have managed to screw that up.

I couldn’t make this stuff up if I wanted to. Well, except for the part about the policy revision. That’s pure BS. But the screw-up is not. Details after the jump…

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U.S. Department of Labor has a new FMLA guide and webinar

July 9, 2012 | by Eric B. Meyer

Late last year, the US Department of Labor issued this fact sheet, which provides general information concerning the Family and Medical Leave Act’s (FMLA) prohibition of retaliating against an individual for exercising his or her rights or participating in matters protected under the FMLA.

Last month, the DOL followed up with the “Family and Medical Leave Act Employee Guide,” a copy of which you can download here. A related webinar, which the DOL held on June 27, includes a list of frequently asked questions. You can view it here.

Although geared towards employees, these are both nonetheless good reads for HR professionals looking to hone their FMLA chops.

NJ reaffirms that officers may be personally liable for unpaid wages

July 6, 2012 | by Eric B. Meyer

Want another reason not to enter into a long-term contract with an employee? Click through…

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Pennsylvania to relax OT requirements for hospitals

July 5, 2012 | by Eric B. Meyer

Last week, Pennsylvania’s Governor, Tom Corbett was presented with this bill that will allow hospitals and other medical care facilities in Pennsylvania to better control the scheduling of employees to control payment of overtime. Details after the jump…

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PA bill will protect privacy of employee social media passwords

July 3, 2012 | by Eric B. Meyer

On June 18, 2012, the Pennsylvania House of Representatives introduced the Social Media Privacy Protection Act, which would protect the privacy of employee online user names and passwords.

A summary of the bill, and what this could mean for PA employers, follows after the jump…

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Paid sick leave now in effect in Philadelphia

July 2, 2012 | by Eric B. Meyer

As of yesterday, July 1, 2012, covered employers in Philadelphia are now required to afford sick leave to certain employees. Here is a copy of the new law. You’ll also need to read this bill to have any chance at making heads or tails of the new sick-leave requirements.

But, I’ll give you a brief summary of the new law after the jump…

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Healthcare, what? Eyeball 3 other pending employment law bills

June 29, 2012 | by Eric B. Meyer

I heard that there was some Supreme Court decision yesterday about healthcare. Want the scoop? Google it.

They zig, I’ll zag with the scoop on some other pending employment-law legislation of which employers should take note…after the jump…

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One roughneck’s life: sex jokes, gay innuendo, all legal.

June 28, 2012 | by Eric B. Meyer

When Harold Wasek signed on to work at an oil rig in Pennsylvania, he had no idea what lay in store for him, especially when one of his co-workers discovered that Wasek would get easily riled with sexually explicit stories, jokes, fantasies, and names.

“You’ve got such a pretty mouth.”

“Boy you have pretty lips.”

“You know you like it, sweetheart.”

Wasek complained to his supervisor. But the harassment worsened. He was touched in a sexual manner: grabbing his buttocks, poking him in the rear with a hammer handle and something described as a long sucker rod.

So Wasek sued claiming sex discrimination. And he lost. Why? Because his harasser was a straight man.

Seriously.

I’ll explain after the jump…

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Beer muscles and a #SHRM12 lesson about accountability

June 27, 2012 | by Eric B. Meyer

I’m a fairly easy-going guy. My buttons don’t get easily pushed, I’m not easily riled, and I rarely get angry.

But, when I get fired up….look out, sucka!

One thing that really gets me going is when others fail to accept accountability for their mistakes and do nothing to fix them. As I punch out this blog post on my flight back from Atlanta following the SHRM Annual Conference and Expo — a truly first-class event that both HR professionals and employment lawyers should make it a point to attend at least once — all I can think about is an incident that occurred at my hotel, of all places.

It’s an unexpected reminder, one that separates the truly great from the good, that I’d like to share with you, after the jump…

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