The Employer Handbook Blog

Got chutzpah? Try scheduling a deposition on Rosh Hashanah.

September 29, 2011 | by Eric B. Meyer

Today is Rosh Hashanah (ראש השנה), the Jewish New Year. I’m Jewish. So, I’m not taking a deposition today. And if you are involved in a case with Jewish parties or attorneys, you shouldn’t be either.

However, according to this article, these plaintiff’s attorneys didn’t get the memo. So, defense counsel filed this motion. And the Court entered this Order, rescheduling the deposition and sanctioning the plaintiff’s attorneys “in an amount to be determined.”

Oy vey and L’shanah tovah.

Hot Dog! EEOC accuses eatery of same-sex sexual harassment

September 28, 2011 | by Eric B. Meyer

Frankly, Anthony Weiner ain’t got nothin’ on this Weiner.

The EEOC announced on Monday that it had sued Nu-Way Weiners, one of the oldest hot dog restaurants in the country, on behalf of two female employees. More after the jump…

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Say what?!? Not returning employee calls may be FMLA retaliation

September 27, 2011 | by Eric B. Meyer

An eligible employee may take up to 12 workweeks of leave under the Family and Medical Leave Act in a 12-month period. If an employee exhausts all of her FMLA leave and fails to return to work after the 12 weeks are up, can’t the company simply fire the employee? Well, it may not be that easy, as you’ll find out after the jump…

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The National Labor Relations Board has disbanded!

September 26, 2011 | by Eric B. Meyer

That headline will be reality if this bill, currently pending in the U.S. House of Representatives, passes. More on its chances of success *** cough — none — cough *** here at the Washington DC Employment Law Update.

But while rumors of the Board’s demise may be premature, the number of Board members is expected to drop by 1 — from 3 to 2 — once Member Craig Becker‘s recess appointment ends when the Senate adjourns at the end of this year. Why is that significant? Because, last year, the U.S. Supreme Court ruled in New Process Steel, L.P. v. NLRB that the Board may not issue decisions with just two members. So, expect the flurry of Board decisions to continue through the end of the year, and gridlock thereafter.

Image Credit: staffingtalk.com

American businesses fight back against union-rights notice rule

September 23, 2011 | by Eric B. Meyer

Readers of this blog know from this post that the National Labor Relations Board is forcing most private-sector employers to post this notice to inform employees of their rights under the National Labor Relations Act, which includes the right to form a union.

Now, some employer-groups are fighting back. Find out how and, more importantly, whether your business may get a reprieve from the posting requirement, after the jump.

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Your [trade] secrets are safe with NJ…almost.

September 22, 2011 | by Eric B. Meyer

Raise your hand if your state has adopted a Uniform Trade Secrets Act — a law that affords companies an additional layer of protection by providing for civil remedies in cases of trade-secret theft by employees and others.

Not so fast, New Jersey.

Well, all that may be about to change. Details after the jump…

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What’s the tax treatment on a Georgia lap dance anyway?

September 21, 2011 | by Eric B. Meyer

After the jump, you’ll meet Karenza Clincy. She, along with other “nude, female exotic dancers,” sued The Onyx (safe for work), an Atlanta Nightclub, for wage and hour violations. The club claims that the dancers are independent contractors. The plaintiff-dancers claim that they are employees — and employees get minimum wage and time-and-a-half for overtime.

Who wins? ~~We all do.~~ Hit the jump for a trip down to the A-T-L (feat. Ludacris) and — what the heck were we talking about — oh yeah, the answer to some legal question…

Fact or Fiction: Some U.S. discrimination laws extend worldwide

September 20, 2011 | 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”.

https://www.youtube.com/watch?v=WJzuqZEbFHQ

The answer to today’s question is fact.

Like, wow! We’re on Facebook.

September 19, 2011 | by Eric B. Meyer

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An employer’s response to a social-media nightmare. Thoughts?

September 16, 2011 | by Eric B. Meyer

Earlier this year, a local teacher was suspended after her school learned about nasty comments on her personal blog concerning her students. And that story became national news. More on the history here, here, and here.

Now, word has it that the school is considering a social-media policy. Well, it’s about time! What’s in the policy and does it go too far? Find out after the jump.