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.
No, I haven’t been drinking.
But, perhaps starting to show my age a bit — just a bit — I had one of those “angry man yells at cloud” moments recently as I lamented about how MTV doesn’t make music videos like they used to.
Do they even make music videos anymore?
If I’m taking the plaintiff’s deposition, and I hear these words escape his lips when describing the termination meeting with this supervisor, well, I’m not sure how I would go about maintaining my poker face.
We’re going to start with a brief fact pattern, and then I’ll pose the questions.
Alright, let’s see whatcha got.
I’m a little late to the employment law blogger party where we fearmonger about Coronavirus and what employers should do about employee travel.
I planned to take a pass on that.
Let’s find out.
Last week, the National Labor Relations Board’s Office of General Counsel released this Advice Memorandum. It involves a Missouri law firm that required all newly-hired support staff and attorneys to sign an employment agreement containing the following non-disparagement provision:
I can often draw upon my years of experience as an employment lawyer to predict from reading the first paragraph of a federal court opinion how the court is going to decide the discrimination claim before it.
Let’s see what you think.
Actually, it depends.
Here’s how it works for non-federal-sector employees:
An employee must file a charge of discrimination with the U.S. Equal Employment Opportunity Commission within 180 calendar days from the day the discrimination took place.
Ever since the amendments to the Americans with Disability Act took effect in 2009, management-side employment lawyers have preached to clients that they should focus more on accommodating a disability rather than whether an employee has a disability in the first place.
Imagine that you operate a valet parking service at a large hotel and you’re looking to hire a parking attendant. Your 10 am interview arrives. You say, “good morning.” He responds in sign language.
A deaf parking attendant?!?
What do you do? What if he wants an accommodation to complete the job interview? Is there any reason to go forward at all?
Last week, the full Seventh Circuit Court of Appeals issued this decision in which it held that an outside job applicant cannot pursue a disparate impact claim under the Age Discrimination in Employment Act.
What does this mean in plain English?
Think “unintentional discrimination.”
When one of your former employees signs a severance agreement with a release of all claims, the last thing you want is for that employee to sign and then sue you.
There are planned retirements.
There are unexpected retirements.
And, then — hold my drink — there’s Vontae Davis’s retirement.
“Never heard of it. Never seen it.”
Vontae Davis played ten seasons in the National Football League, most recently for the Buffalo Bills.
That’s right folks. It’s time for another edition of “Fact or Fiction”
Here’s the fact pattern with which we will work today.
I’ll wait patiently while you grab your pearls for clutching.
On the heels of passing the strongest equal pay law in the entire nation, New Jersey has outdone itself.
California, eat your heart out. New Jersey has done it again by passing a new law requiring paid sick leave for employees.
So, check this out.
I read this case yesterday about an employee who provided her company with a November 12 doctor’s note, requesting that her hours be reduced due to her high-risk pregnancy. The employee would have become eligible for coverage under the Family and Medical Leave Act on November 17.
The company fired her on November 16.
At least she didn’t have too many personal belongings to pack up.
TheGrio.com has all the details (here):
Remember that time when one your high-level managers walked into Human Resources. And that remorseful high-level manager voluntarily confessed to sexually harassing a subordinate — before the subordinate had even registered a complaint — with an apology so genuine and sincere that you got a little choked up.
Yeah, me neither.