The Employer Handbook Blog

Re-open for business: Obama recess-appoints three to the NLRB

January 4, 2012 | by Eric B. Meyer

Well, color me surprised (I think that’s purple).

Today, President Obama exercised his executive power to “recess” appoint — actually, to be technical about it, no one is on recess — three new members to the National Labor Relations Board, thus bringing the Board up to its full capacity of five members.

The recess appointees are Sharon Block (Dem.), Richard Griffin (Dem.), and Terence Flynn (Rep.). You can read more about them here in a White House release. And here is a release from the NLRB.

Are employees’ LinkedIn contacts considered your trade secrets?

January 4, 2012 | by Eric B. Meyer

Over the past several weeks, you probably read about this case involving a company suing one of its former employees whom it alleges misappropriated a Twitter account and, along with it, 17,000 Twitter followers that the company believes it owns. A video about the case follows below:

https://www.youtube.com/watch?v=3hV2lCnG5VA

A fight over LinkedIn connections.

The curious case of a high-speed ambulance-chasing whistleblower

January 3, 2012 | by Eric B. Meyer

But before I get to that, did you know that The Employer Handbook turns one today? It’s true. Help me blow out the candle — hey, kid! Save some for the rest of us.

Whatevs.

Just click through because I’ve got a crazazy one for you. It’s a true story about a police officer – slash – ambulance driver who started a high-speed ambulance chase to serve a restraining order on a co-worker’s ex-boyfriend and then…

Yeah, just hit the jump…

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Your favorite “The Employer Handbook” posts from 2011

December 30, 2011 | by Eric B. Meyer

As the year draws to a close, let’s take a look back at the most popular posts at The Employer Handbook in 2011, based on number of hits:

5. Social media and the workplace. School teacher Natalie Munroe made several appearances on the blog this year. Remember her? She was the blogging school teacher who wrote that her students were “utterly loathsome in all imaginable ways.” Although, Ms. Munroe eventually returned to work, her experience is a sound reminder to always think twice before hitting “send.” You can read the fifth-most-popular post, “Yes, you CAN discipline employees who abuse social media” here.

4. I’m a poet and I don’t even know it. I’m not sure what inspired the fourth-most-popular post. It must have been a slow news day. How else do I come up with the idea to Haiku — verbing a noun, sorry — about recent employment-law decisions from the U.S. Supreme Court?

This is why HR should timely document employee issues

December 29, 2011 | by Eric B. Meyer

Last week, a federal appellate court (here) allowed a white assistant manager to pursue claims of reverse race discrimination against a bank because the reasons that the bank offered to the court for firing the plaintiff did not jibe with the documentation in its own file. Oh, wait a minute, there was zero documentation in the file.

I smell some trouble for the employer and some good lessons for my business readers, after the jump, of course…

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Age discrimination: It’s not rocket science.

December 28, 2011 | by Eric B. Meyer

Oh, Meyer, where are you going with this one?

Well, it’s my chance to play a little GnR after the jump while reminding my awesome employer readers about what it takes for an employee to actually prove a claim of age discrimination.

(Hint: It’s not easy)…

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“Sex-plus” discrimination: Illegal? Yes. But what the heck is it?

December 27, 2011 | by Eric B. Meyer

I have no idea. I was hoping that one of you could help me out.

Oh, wait, I’m supposed to be the expert here. Ok. Fine. I’ll play some music and dish the deets — hint, it has something to do with the picture — after the jump…

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NLRB: Employers can keep that union-rights poster on ice

December 23, 2011 | by Eric B. Meyer

And just in time for Christmas.

The National Labor Relations Board announced today that it has again extended the deadline for covered employers to post this notice, advising employees how to form a union, among other things. The new deadline is April 30, 2012.

Your employee has migraines and can’t work. But is she disabled?

December 23, 2011 | by Eric B. Meyer

2910430696_fa78d71d8f_m The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against job applicants and employees on the basis of a disability. What is a disability, you ask? A disability is “a physical or mental impairment that substantially limits one or more major life activities.”

If your employee suffers from severe migraines that prohibit the employee from working, does the employee have a disability? Good question. It just depends on what “working” means. Click through and I have a good answer from a recent federal court decision…

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How will your employees be using social media in 2012?

December 22, 2011 | by Eric B. Meyer

Question

Better yet, what can your business do to capitalize? I’ve got answers to these questions after the jump.