The Employer Handbook Blog

Let’s revisit how to handle FMLA and FLSA for a snow day office closure.

January 16, 2024 | by Eric B. Meyer

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Back in the day, the mere promise of Cheerios and chocolate milk was all it took to dupe my two oldest kids (then three and five) to shovel the driveway for a few hours. Come to think of it, I preferred the stick to the carrot. So I probably threatened to cancel Nickelodeon and, with that, all vestiges of Yo Gabba Gabba. Either way, the children were too young and naive to ask for minimum wage or form a union. So, they shoveled snow.

Fortunately, the littlest one — salting the walkway out of frame — lacked the manual dexterity to call the NJ Department of Labor on me.

Ah, the good ‘ol days. Continue reading

Join me on Wednesday, January 17, at 1 PM for a webinar on the new DOL Independent Contractor Rules

January 15, 2024 | by Eric B. Meyer

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Last week, the U.S. Department of Labor finalized its rules on how to analyze and determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA), which I wrote about here.

This week, I’m co-presenting “Independent Contractor Update – How Am I to Determine if I Am Compliant?”

And all of you are invited. Continue reading

Today’s free “wage and hour 101” post is the silver lining to an employer’s $1.6M screw-up

January 12, 2024 | by Eric B. Meyer

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The Fair Labor Standards Act can be a veritable legal liability minefield for the uninitiated. Just ask several of my friends who practice law on the plaintiff’s side. Heck, it can put an employment lawyer’s kids through college, no matter on which side of the “v” they practice. 😏

Last night, I read a news release from the U.S. Department of Labor that helps put this into perspective.

A company supposedly awarded a black employee a trophy for “Least Likely to Be Seen in the Dark.” WTH?!?

January 11, 2024 | by Eric B. Meyer

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Some people in Dallas do some dumb stuff.

For example, every year, many locals hold out hope into late December or early January that the Cowboys will win the Super Bowl. After their hopes get dashed when the team inevitably chokes, the fans irrationally board the bandwagon the following Summer. It’s crazy!

But not as nuts as what I’m about to tell you.

Here are five things for employers to know about the DOL’s new independent contractor rule

January 10, 2024 | by Eric B. Meyer

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Yesterday, the U.S. Department of Labor finalized its rules on how to analyze and determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). Continue reading

The EEOC’s new General Counsel is targeting Antisemitism, Islamophobia. So should you.

January 9, 2024 | by Eric B. Meyer

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Yesterday, the U.S. Equal Employment Commission’s newest General Counsel, Karla Gilbride, told reporters that addressing discrimination in American workplaces relating to the Israel-Hamas skirmish is a top priority for 2024. Continue reading

A company must rehire a moonlighting comic it fired for his ‘inflammatory’ standup routine.

January 8, 2024 | by Eric B. Meyer

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About a year ago, a media organization fired one of its reporters after it found his ‘inflammatory’ Instagram posts (NSFW) showing clips of his off-the-clock standup comedy routines.

Last week, an arbitrator, who found some of the reporter’s jokes ‘funny,’ ordered the company to rehire him. Continue reading

Eric, you forgot to tell us if ‘Die Hard’ is a Christmas movie.

January 6, 2024 | by Eric B. Meyer

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Gosh, in all the excitement of switching and starting a new law firm, I totally forgot to post the poll results from “Is ‘Die Hard’ a Christmas movie?”

Even with DIRECT EVIDENCE of discrimination, the employee’s race bias lawsuit was DOA

January 5, 2024 | by Eric B. Meyer

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I’m not the biggest fan of progressive discipline policies, which can often be too restrictive. Plus, deviations and inconsistencies in their application are ammunition for a plaintiff claiming discrimination to get to trial. But, when companies apply these policies to the letter, they create a formidable defense to these claims.

Here’s your annual reminder not to misjudge and stereotype when employees with disabilities may be a “direct threat” to others.

January 4, 2024 | by Eric B. Meyer

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You’re not a doctor.

(Unless you’re a doctor.)

So don’t act like one when deciding which of your employees may be a direct threat to others at work.

(Unless you like defending Americans with Disabilities Act claims). Continue reading