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The Employer Handbook BlogLet’s rank the top Thanksgiving foods for 2022
Before you put away your robes and gavels, I need to judge one more thing: the annual Thanksgiving foods competition.
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82% of you wannabe judges disagreed with the Seventh Circuit Court of Appeals
In yesterday’s blog post (and on LinkedIn), I asked you to adjudicate a white man’s discrimination claim. Continue reading
Are these two employees comparable? Today, you be the judge to help decide this discrimination case.
A white man who worked as a utility water meter reader sued his employer for racial discrimination after he was fired for inaccurately reporting homeowners’ water meters. Continue reading
Not one, but two Friday freebies (including FMLA/ADA tips and tricks on Zoom today at Noon ET!!!)
Well, if you count The Employer Handbook itself, which email gods magically deliver to blog subscriber email inboxes every weekday following weeknights where I haven’t had too many blog-inhibiting adult beverages, I’ve got three freebies today. Continue reading
President Biden is ready to sign a bipartisan bill ending certain sexual harassment NDAs
Democrats and Republicans don’t often see eye to eye on new employment legislation. Except, it seems, when Gretchen Carlson spearheads the effort to get these new bills passed. Continue reading
Here’s how an employer violated the FMLA and still won the interference claim
The complexities of the Family and Medical Leave Act can bollocks even multi-billion-dollar companies. But the case I’m going to tell you about today is a reminder that, at bottom, the FMLA is largely no-harm, non-foul. Continue reading
Rarely-performed duties can still be essential ones under the ADA
I have another HR tip related to yesterday’s blog post and accommodating employees under the Americans with Disabilities Act and what counts as an essential job function. Continue reading
Does the ADA force employers to allow employees with medical restrictions to overrule their doctors?
If you’re in Human Resources, you’ve probably dealt with this issue before. Continue reading
Here’s why the National Labor Relations Board get may interested in non-union Twitter’s layoffs
Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act (the Act) protect employees from retaliation for concerted protected activity. Protected concerted activity generally involves two or more employees discussing working conditions like pay, benefits, etc.
One of the employees who lost his job at Twitter this month — a plaintiff in the WARN lawsuit we discussed yesterday — claims that his protected concerted activity motivated the company to end his employment. Continue reading
Did Twitter’s recent layoffs violate federal employment AND labor law?
It depends on who you ask. According to the plaintiffs and their counsel in this recently filed first amended complaint, the social media giant violated the federal Worker Adjustment and Retraining Notification Act (WARN). One of the plaintiffs upped the ante with a separate unfair labor practice charge, which he filed at the National Labor Relations Board. He claims that Twitter violated Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act by laying him off in retaliation for concerted protected activity.
So, let’s talk about these two federal workplace laws. Continue reading