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The Employer Handbook BlogThe FMLA does not require clairvoyance
“Clairvoyance,” that’s a 10th-grade word. Let me Google it just in case.
Ok, we’re good. Continue reading
Is lower co-worker morale reason enough to deny a religious accommodation?
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion. This includes refusing to accommodate an employee’s sincerely held religious beliefs or practices unless the accommodation would impose an undue hardship.
An “undue hardship” results in more than a de minimis cost to the employer. Objectively, paying more overtime is one example.
But what about when accommodating one employee lowers morale for others? Does that create undue hardship? Continue reading
The DOL not only provides guidance on the FMLA, but it also enforces the law.
Kind of like that guy, except without the snazzy mustache and a lot less British. Continue reading
Five ways that employers botch FMLA for mental health conditions (and how to get it right instead)
May is Mental Health Month. The U.S. Department of Labor’s Wage and Hour Division, which enforces the Family and Medical Leave Act, just dropped some additional resources for workers on their rights to take leave for serious mental health conditions and for employers to better understand how to comply with the FMLA.
Lawyers and HR professionals weigh in on Josh Donaldson’s ‘Jackie’ comment. So does Major League Baseball.
On Monday, I blogged about a weekend incident in which New York Yankees third baseman Josh Donaldson and White Sox shortstop Tim Anderson in which Mr. Anderson claimed that Mr. Donaldson referred to him as “Jackie,” a reference to Hall of Famer Jackie Robinson. Continue reading
Supreme Court makes it harder for employers who litigate arbitrable claims to change their minds
In a unanimous decision, the Supreme Court ruled yesterday that federal courts may not adopt an arbitration-specific waiver rule demanding a showing of prejudice.
Huh? Continue reading
What should Major League Baseball do about a white baseball player calling a black player ‘Jackie’ [Robinson]?
During the third inning of Saturday’s game between the Chicago White Sox and the New York Yankees, Yankees’ third baseman Josh Donaldson and White Sox shortstop Tim Anderson had to be separated after an exchange of words (and some earlier in the game) in which Mr. Anderson claimed that Mr. Donaldson referred to him as “Jackie,” a reference to Hall of Famer Jackie Robinson.
New Jersey is back doing New Jersey things, like trying to kill restrictive covenants
For one of the most employee-friendly states in the country, the current state of play in New Jersey for restrictive covenant agreements like non-competes and non-solicits is employer-friendly. Although your mileage may vary by judge, most will enforce reasonable contracts of up to two years with a geographical footprint that coincides with where the company does business. Continued employment is sufficient consideration, and if the agreement is too broad, the judge can reform it.
Those days may be ending soon. Continue reading
New legislation in the House and Senate will make wage and hour violations WAY MORE expensive for employers (and criminal too)
Last week, the House and Senate introduced a bill called the Wage Theft Prevention and Wage Recovery Act. One of the bill’s primary goals is to ensure that workers receive timely regular paystubs and final paychecks. That seems non-controversial.
But as you read deeper into the proposed legislation, you’ll find that, perhaps, the main objectives of this legislation aren’t just pay stubs, but something else entirely.