The Employer Handbook Blog

BEWARE EMPLOYERS: Overhauled union-election rules may be near

June 22, 2011 | by Eric B. Meyer

The National Labor Relations Board (NLRB) has proposed amendments to its existing rules and regulations that will vastly change the way union-elections are conducted. The NLRB spin on these amendments is that they will “reduce unnecessary litigation, streamline pre- and post-election procedures, and facilitate the use of electronic communications and document filing.”

Is this a good thing or a bad thing for employers? I’ll detail the proposed changes, after the jump.

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What Wal-Mart’s High Court win means for employers, large and small

June 21, 2011 | by Eric B. Meyer

As reported on this blog yesterday, as well as in a gazillion other news outlets — but probably here ~~first~~ firstish — the U.S. Supreme Court has overturned certification of a potential class of 1.5 million current and former female employees seeking relief against Wal-Mart for alleged gender discrimination.

After the jump, a break down of the Opinion and what it means for employers, big and small.

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BREAKING: Supreme Court reverses Wal-Mart v. Dukes class action

June 20, 2011 | by Eric B. Meyer

Thumbnail image for Supreme Court.jpg The United States Supreme Court has just overturned a Ninth Circuit decision that would have allowed 1.5 million female employees to pursue a class-action gender discrimination lawsuit against Wal-Mart Stores, Inc. You can read a copy of the Supreme Court’s opinion here.

I’ll have more on this decision tomorrow at The Employer Handbook.

$1,000 fine per day for not posting notice of harassment verdict

June 20, 2011 | by Eric B. Meyer

There once was an employer in Racine.
With a manager whose antics were racy.
The court said, “You lose!”
Now, tell everyone the news.
And if you disobey, it’ll cost you big money.
*** Although I feel rhyming “Racine” with “racy” was pure Shakespeare, I’m fairly certain that Edward Lear’s corpse just pissed itself ***

After the jump, it’s the employer, found liable for sexual harassment, that refused to abide by a court-ordered notice requiring it to inform its employees about the verdict…

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Juror + defendant + Facebook = 8 months in prison

June 17, 2011 | by Eric B. Meyer

In the workplace, messing around on Facebook may earn an employee a pink slip. In the political arena, Facebook faux pas can cost a Congressman his seat in Congress — although it could result in a job with Hustler. [SFW].

But, in the courtroom, Facebook shenanigans may lead to hard time in the clink. This is especially true in the UK, where the BBC reports that a juror who contacted a defendant via Facebook, causing a £6m drug mistrial, has been jailed for eight months for contempt of court.

DAAAAAAAAAYUM!

The Boston Bruins are Stanley Cup Champions!!!

June 16, 2011 | by Eric B. Meyer

Come on, folks. What else did you expect?

Photo Credit: Elsa/Getty Images

What to know about providing disabled employees time off work

June 15, 2011 | by Eric B. Meyer

The Americans with Disabilities Act (ADA) prohibits discrimination in the workplace against disabled individuals. By law, if an employer knows that an employee or applicant is disabled, it must reasonably accommodate the known disability, if doing so would not impose an “undue hardship” on the operation of the employer’s business. There are many types of reasonable accommodations, from modifying facilities to reassignment to a vacant position.

Leave from work may also be a reasonable accommodation. But how much? And how much is too much?

Find out, after the jump…

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Fact or fiction: Federal law recognizes “reverse age discrimination”

June 14, 2011 | by Eric B. Meyer

Welcome to the inaugural 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“.

So, I was recently asked whether a younger employee may have a federal age-discrimination claim against his employer if the company treats a similarly-situated older employee better.

The answer is no. In 2004, the U.S. Supreme Court in General Dynamics Land Systems, Inc. v. Cline held that the Age Discrimination in Employment Act of 1967 (ADEA) does not forbid discriminatory preference for the old over the young.

Does an employer’s computer policy trump the marital privilege?

June 13, 2011 | by Eric B. Meyer

Let’s assume that your company — as many do — has a computer-use policy, which underscores that electronic communications sent over your network are not private and the company has the right to monitor all such electronic communications.

Under federal law, communications between the spouses, privately made, are generally assumed to have been intended to be confidential, and hence they are privileged. What if a husband and wife who work for your company email each other over your network? Are these emails subject to the marital privilege, or does the computer-use policy eviscerate it?

Find out after the jump.

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The Carnival of HR rolls into town again

June 10, 2011 | by Eric B. Meyer

For those of who have yet to check it out or have never heard of the Carnival of HR, shame on you!

The Carnival of HR is dedicated to bringing together the best posts from the HR blogging community. This week, the Women of HR blog is hosting the Carnival. You’ll find links to 23 blog posts on various HR topics from “The Secret to Successful Job On-Boarding” to “The New Black of Benefits.”

So click on on over to this week’s carnival and have a great weekend.