This was originally published on Eric B. Meyer's blog, The Employer Handbook.
Eric B. Meyer is a partner in the labor and employment group of the Philadelphia-based law firm Dilworth Paxson LLP, where he dedicates his practice to litigating and assisting employers on labor and employment issues affecting the workplace, including collective bargaining, discrimination, handbook policies, enforcement of restrictive covenants, and trade secret protection. Eric also serves as a volunteer mediator for the U.S. Equal Employment Opportunity Commission. Among his other accomplishments, Eric is a contributing author on Think Before You Click: Strategies for Managing Social Media in the Workplace, a book which walks HR professionals through everything they need to know about social media in the workplace. Contact him at firstname.lastname@example.org.
But, will the EEOC’s bark be louder than its bite?
I’ll discuss service animals and Americans with Disabilities Act accommodations after the jump…
Protected concerted activity is powerful stuff
Like it or not, to a person, we can agree that the rulings flowing from the National Labor Relations Board over the past several years have been largely employee-friendly.
A reader emailed me yesterday.
“Hey Eric, Clients are wondering about value of settlement NDAs after ex-Fox News HWE victims go public despite contracts. Your reaction?”
Wait! You mean employees actually violate confidentiality provisions?
I know, right?
The slow death of the 9-5 workday, together with the arrival of the new FLSA overtime rules, which do into effect on December 1, could create one of the bigger wage-and-hour pitfalls for employers in 2017 and beyond.
Don’t worry. Eric’s here. And, I’ve got Scooby Snacks.
Actually, I’ve got FMLA knowledge, which is better than Scooby Snacks. And, besides, I ate all of the Scooby Snacks. Sorry, I was hungry.
An employee at a small company is supposedly offered FMLA.
When was the last time that you trained your managers and supervisors on how to address disability accommodation requests? Or, how about the last time that you reminded your supervisors and managers that an employee with a disability needs to be treated respectfully?
If it’s been a while (or, maybe, I dunno, forever), have I got a case for you!
It’s almost 2016.
Allergies at work.
When I make my youngest son’s school snack in the morning, I’ve got be sure that I don’t include any peanut products. This is because there are students at his school that are allergic to peanuts. Thus, I stick with beluga and creme fraiche.
We all know that the Americans with Disabilities Act makes its unlawful for an employer to discriminate against an individual on the basis of his or her disability. But, the Act has even broader protections for employees.
Yesterday, the United States Supreme Court, in an 8-1 decision, ruled that an employer that does not know that a job applicant may need a religious accommodation can discriminate against that job applicant. All that matters are the employer’s motivations.
Allow me to explain.
It’s not what you know; it’s what motivates you.
ADA and Burger King?!? Has someone been eating too many Whoppers? No.
But I did spend a 20 minute Uber ride yesterday sucking down mustard packets.
On my speaking boondoggles around the country, what’s the biggest issue I hear from HR professionals involving transgender employees?
Yep, it’s the use of the bathroom.