The Employer Handbook Blog

Uneven discipline can lead to big headaches and bigger lawsuits

September 9, 2011 | by Eric B. Meyer

A longtime employee of the Secretary of State’s office in Illinois claimed that two white managers targeted him for termination because he is black, and two white employees, one of whom was his supervisor, received lesser discipline even though they had engaged in the same alleged misconduct.

Is that right? Can a black employee claiming that he was treated differently because of his race compare himself to a white supervisor for purposes of proving his discrimination claim? Find out, after the jump.

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The Scooter Store … yadda, yadda, yadda … disability bias?

September 8, 2011 | by Eric B. Meyer

https://www.youtube.com/watch?v=csuZHyW-iGI

i·ro·ny (noun) [ahy-ruh-nee]: an outcome of events contrary to what was, or might have been, expected.

The United States Equal Employment Opportunity Commission has sued The Scooter Store, a purveyor of power chairs for the disabled, for disability discrimination.

Labor board slams NY non-union business for Facebook firings

September 7, 2011 | by Eric B. Meyer

Earlier this year, reports of a Connecticut ambulance company firing an employee who had complained about her supervisor on Facebook, grabbed the headlines. The National Labor Relations Board (NLRB) complained that the firing was illegal. And although the company contended that it did nothing wrong, free speech advocates spewed hellfire and brimstone. Ultimately, the bloodlust subsided when that case settled.

Several months later, the NLRB is at it again. However, this time, for the first time, an NLRB Administrative Law Judge (ALJ) has found, after a full hearing, that an employer unlawfully fired employees for Facebook postings. Oh, by the way, the employer involved is non-union. More on this important decision and what it means for private employers after the jump.

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Happy Employer Day: 140 employment-law characters to follow

September 6, 2011 | by Eric B. Meyer

Yesterday was Labor Day. And on Labor Day we honor the working men and women who are the lifeblood of American industry.

Most of us spent the day with family or friends, barbecuing or just taking it easy with a cold beer. Not me.

I spent the day making a special gift for employers. The way I figure it, no one gets honored on the day after Labor Day…until now.

Fantasy football: Good or bad for the workplace?

September 2, 2011 | by Eric B. Meyer

I’ve said it before and I’ll say it again: the most underrated aspect of the NFL lockout ending is that we get Fantasy Football in 2011.

What else would I have done with my Sunday afternoons?

Now, I can dominate with my 60″ flatscreen TV (Eagles), one iPad (DirecTV NFL Sunday Ticket app tuned to the Red Zone channel), one laptop (multitasking between ESPN.com fantasy football live scoring and Tweetdeck for streaming scoring, news and injury updates), and one iPhone (in case I miss anything else) setup.

Fact or Fiction: Pregnancy is a disability under federal employment law

September 1, 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=oAY06SYDjH0

The answer to today’s question is fiction. Pregnancy is not a “disability” for purposes of the Americans with Disabilities Act. To be considered a disability under the ADA, covered persons must actually have physical or mental impairments that substantially limit one or more major life activities. Pregnancy is not considered an impairment under the law.

Labor Board delivers a three-punch knockout for unions

August 31, 2011 | by Eric B. Meyer

Yesterday, the National Labor Relations Board issued three very union-friendly opinions that could have an effect on the way you conduct business. I discuss these opinions and the immediate impact they will have on certain employers after the jump…

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ESPN: The worldwide leader in sports, but not Twitter

August 30, 2011 | by Eric B. Meyer

ESPN, the self-proclaimed worldwide leader in sports, has updated its social-media policy for talent and reporters. You can find a copy of it here. The policy does have its strong points. But, there are certain areas in which it misses the mark. A discussion follows after the jump…

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If Lady Gaga tweets your trade secret, is it still a trade secret?

August 29, 2011 | by Eric B. Meyer

In a matter of minutes, or even seconds, a single tweet may reach thousands or, possibly, millions of people. Now, just imagine if that tweet contained proprietary information. (You know, like if Lady Gaga tweeted the code to Microsoft Windows 7 to her millions of followers). Ummm…work with me here…

But, even in the days before Twitter, publishing content on a blog or a message board meant putting information out in the public domain for anyone — including a competitor — to view. What if that information was supposed to be confidential? Does a trade secret lose its legal trade-secret status if it is published on the internet? Find out the answer after the jump…

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Sign up! It’s The Employer Handbook free NFL Survivor Pool

August 26, 2011 | by Eric B. Meyer

Are you ready for some football?

Better question: do you think you have what it takes to defeat me, a former 610 WIP SportsRadio Midday Show Survivor Pool Champion?

Now you’ll have your chance. The Employer Handbook is hosting a free NFL Survivor Pool, where the winner will take home the picture of Julius Erving and Larry Bird that now hangs in my office — to the right of Allen Iverson’s head. (Yes, that’s my office). Here’s a close up.

More on how this free contest works — you needn’t be a football fan or know anything about football — and how you can sign up, after the jump.

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