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The Employer Handbook BlogProving a disability in court isn’t that hard. (Even judges mistake how easy it is.)
A man walks into a job interview. Continue reading
Gadzooks! This is one of the largest wage and hour judgments ever!
Yesterday, the Department of Labor announced that a Pennsylvania federal court awarded $35.8 million in overtime back wages and liquidated damages to 6,000 current and former workers across fifteen facilities in what it claims to be “one of nation’s largest FLSA judgments.” Continue reading
Social media posts from outside the office can foster a hostile work environment at work
Picking up where the EEOC left off earlier this year with its harassment guidance for employers that postings on a social media account targeting employees can contribute to a hostile work environment, the Ninth Circuit Court of Appeals recently reached the same conclusion in an opinion issued last week. Continue reading
Oh, you think you know retaliation, do you? Wait until you see this.
Yesterday, I read a press release in the EEOC’s Virtual Newsroom announcing the resolution of a retaliation lawsuit. In my twenty-plus years of practicing employment law, I didn’t recall seeing retaliation claims quite like this one. Continue reading
Join us on 8/13/24 at Noon ET for “Everything Employers Need to Know Now About the FTC’s Non-Compete Rule”
The FTC’s rule banning non-competes takes effect on September 4, 2024. Before then, employers must notify most employees that their noncompetition agreements are unenforceable. However, several pending lawsuits aim to block the rule. Although, none have succeeded…yet. What does the Rule require? What are the chances that these lawsuits will succeed? And what should businesses do between now and September besides clutch their pearls? We’ve assembled an all-star panel of employment lawyers to answer these questions and help your business prepare.
Join us on Tuesday, August 13, 2024, 12:00 PM – 1:00 PM EDT.
Click here to register for this free Zoom powered by HRLearns. Continue reading
Beware of the bones in your boneless chicken wings. Wait, what?!?
Apropos of nothing employment-related, I read a recent Ohio Supreme Court decision that compels me to warn you before heading out to your favorite watering hole this weekend and ordering a plate of boneless wings.
Eat them at your own risk of swallowing a chicken bone. Continue reading
Firing fast in certain situations can help defeat retaliation claims. Yes, firing FAST!
The common logic is that firing an employee shortly after complaining about workplace discrimination isn’t a good look. Continue reading
🚨A Pennsylvania federal judge DENIED an employer’s request to block the FTC’s non-compete rule.🚨
Do you remember that scene from Rounders, right after Mike McDermott spots Teddy KGB’s poker “tell,” when Teddy laments, “Hanging around…hanging around… kid’s got alligator blood. Can’t get rid of him.“?
It feels that way, with the Federal Trade Commission’s non-compete Rule imposing a comprehensive ban on new non-competes with all workers. Continue reading
Heads up, Pennsylvania healthcare providers! The Commonwealth passed a new noncompete law.
With most eyes focused on a pending lawsuit in the United States District Court for the Eastern District of Pennsylvania to eliminate the FTC’s noncompete ban, local employers may have missed the news last week that Governor Shapiro signed into law a measure restricting the use of non-competition agreements in the healthcare industry.
Must an employer grant a RETROACTIVE workplace accommodation if a disabled employee requests one??
No.
At least not unless they drive a DeLorean powered by 1.21 gigawatts of electricity that can travel back through time to convert their retroactive request to a prospective one. Continue reading