Eric.B.Meyer

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Bio: 

You know that scientist in the action movie who has all the right answers if only the government would just pay attention? Eric B. Meyer, Esq. gets companies HR-compliant before the action sequence. Serving clients nationwide, Eric is a Partner at FisherBroyles, LLP, which is the largest full-service, cloud-based law firm in the world, with approximately 210 attorneys in 21 offices nationwide. Eric is also a volunteer EEOC mediator, a paid private mediator, and publisher of The Employer Handbook (www.TheEmployerHandbook.com), which is pretty much the best employment law blog ever. That, and he's been quoted in the British tabloids. #Bucketlist.

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Eric B. Meyer

History

Member for
7 years 5 months

Articles by Eric B. Meyer

 

Five minutes ago, after taking the obligatory selfies and between games of Candy Crush, one of your employees texted (because, calling in, as if!) from an Ebola quarantine tent to alert you that she will be out of work for 21 days, while under observation for Ebola.

As an employer, what are your obligations? What workplace laws are implicated?

And, of course, because half of you are thinking it, can you just fire her?

October 29, 2014
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Remember that Americans with Disabilities Act case involving Walgreens and the $1.39 bag of chips. In that one, the store appeared to really step in it by firing a diabetic who ate a bag of chips from the store without paying for it. The employee claimed that she needed the chips for her diabetes. The store defended its actions by arguing that the employee violated its no-grazing policy. $180,000 later, that case settled.

October 15, 2014
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Congratulations!

Your fitness-for-duty employee medical examinations are job-related or consistent with business necessity. So, they pass muster under the Americans with Disabilities Act. But, what about the medical information you request from employees in connection with those exams? 

Oh yeah, there's that too...

Ask for too much info and you might be violating not only the ADA, but also the Genetic Information Non-Discrimination Act.

Rut roh! More after the jump...

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September 11, 2014

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds.

But, if you send FMLA paperwork to an employee by first class mail, then you're asking for trouble.

I'll show you why after the jump...

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Did you read the lede and think to yourself, "FMLA notice? You mean there's a notice? You mean, like in our handbook right?"

August 19, 2014
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How many times has an employee provided you with an incomplete Family and Medical Leave Act certification? Oh, I don't know, maybe a missing return date...

July 8, 2014
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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."

Try this one for size, folks.

May 28, 2014
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Back in 2011, when y'all were Tebowing, planking and winning, I was blogging about this case where an employer allegedly updated its employee's Facebook page and tweeted from her Twitter account without her permission while she was on leave from work following a car accident.
 
March 14, 2014
 
How about cutting the 50-employee requirement for covered employers in half? 
 
So, if you have 25 or more employees working within 75 miles of one another, they would be eligible to take leave under the Family and Medical Leave Act.
 
And that's just part of the Family and Medical Leave Enhancement Act of 2014, which Rep. Carolyn B. Maloney (D-NY) introduced in the U.S. House of Representatives earlier this week.
 
February 18, 2014
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The king is dead. Long live the king!
 
Teens are beginning to drop Facebook like a bad habit; instead, taking advantage of messaging apps like What'sApp, Snapchat, and Instagram to social network.
 
January 9, 2014

Leave it to Career Builder to run a survey seeking the most unusual co-worker holiday gifts. Camouflage toilet paper made the list.

(Well, at least it wasn't used, amirite?)

December 11, 2013

Let me tell you about a teacher in South Dakota. In 2010, she received a letter communicating concerns about her performance. Subsequent evaluations of the teacher's classes noted several deficiencies. So, the school placed the teacher on a performance improvement plan.

It was right around this time that the teacher met with a physician's assistant, who diagnosed the teacher with "anxiety and depression, likely stemming from her concerns about possibly getting fired."

October 8, 2013
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It may not be so glamorous working for Gaga.

Stefani Germanotta, better known to you people (I call her Stefani) as Lady Gaga, employed her friend, Jennifer O'Neill, as her personal assistant from in 2009 and again between 2010 and 2011. In 2010-2011, Ms. O'Neill made an annual salary of $75K, for which she claims to have been at Stefani's beck and call 24 hours a day, 7 days a week.

September 17, 2013
That George Costanza was definitely on to something.
 
A federal court in Virginia (here) recently denied an employer's attempt to dismiss the complaint of a former employee who claimed that his rights under the Americans with Disabilities Act were violated when his employer failed to accommodate him by waking him when he fell asleep on the job.
 
August 14, 2013
According to this recent survey from CareerBuilder.com, the number of hiring managers who are reporting that a job candidate's social media indiscretions have cost them a position is up nearly 10%, while the overall use social media to vet candidates continues to grow. 
 
July 17, 2013
 
Every so often, I get a call from an employee. The call goes something like this:
 
"I need an employment lawyer. Are you an employment lawyer?"
"Yes."
"Good. Because I am dealing with a hostile work environment."
"Well, I generally only represent employers. So---"
"--- But, my hostile work environment is bad. My manager is so mean. He yells at me. He gives me lots of work. He's terrible. Do I have a case?"
"How did you get my number?"
June 26, 2013

Consistent with its strategic plan to provide up-to-date guidance on the requirements of antidiscrimination laws, last week, the United States Equal Employment Opportunity Commission issued this press release in which it announced that it had revised guidance on how the Americans with Disabilities Act applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities.

May 28, 2013

Unquestionably, when it come to tackling the Americans with Disabilities Act, one of the biggest issues affecting the workplace and accommodating disabled employees is providing leave as a reasonable accommodation. Anecdotally, a question that plagues most employers is just how much leave is enough?

We know that an indefinite leave of absence is not a reasonable accommodation. But, what about when an employee takes one leave, after another, after another.

When is enough enough?

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April 24, 2013

Is this Retaliation 2.0?

Two weeks ago, Adria Richards attended an industry conference at which she overheard sexual jokes from two attendees sitting behind her during a session. So, she complained...on Twitter:

And then she blogged about it here. The social-media complaints resulted in one of the joke tellers getting fired. And, last Wednesday, Ms. Richards tweeted that her employer supported her.

March 27, 2013