The Employer Handbook

• newIs the EEOC going “wishy-washy” on LGBT rights at work?
  The U.S. Equal Employment Opportunity Commission believes that discrimination based on LGBT status amounts to sex discrimination. Sex discrimination is unlawful under Title VII of the Civil Rights Act of 1964. However, some recent comments imply that…
  - 6 hours ago, 20 Sep 17, 10:30am -
• newFirefighter suspended for telling Facebook fam that he’d rather save a dog than a million black people.
  Proving once again that freedom of speech is a big, fat myth when it comes to keeping one’s job, an Ohio firefighter has been suspended after he posted on Facebook about how he would rather save a dog than a million n*****s. According to the Ariel…
  - 1 day ago, 19 Sep 17, 10:30am -
• new3 complaints and an investigation with discipline, how could an employer not know about possible harassment?!?
  I’m not sure what kind of evidence a federal jury was expecting when it concluded that two plaintiff-intervenors (i.e., the alleged victims of sexual harassment on whose behalf the EEOC pursued claims) did not do enough to notify the employer-def…
  - 2 days ago, 18 Sep 17, 10:30am -

Ohio Employer's Law Blog

• newThe 20th nominee for the “worst employer of 2017” is … the nepotism harasser
  Just when I think I’ve hit rock bottom with my survey of the year’s worst employers…The EEOC reports that it has sued an Illinois IHOP franchisee for sexual harassment. While the allegations are bad, what makes this case worse is th…
  - 5 hours ago, 20 Sep 17, 11:22am -
• newWhat it’s like to be sued by your employee
  When you litigate, you’re losing.This is an odd statement for a litigator to make. But it’s true.When you litigate, the only people that “win” are the lawyers. It’s for this reason that I believe that every claim or pote…
  - 1 day ago, 19 Sep 17, 1:01pm -
• newThe 19th nominee for the “worst employer of 2017” is … the pizza punisher
  Your 19th nominee for the worst employer of 2017 is a Jacksonville, Florida, Pizza Hut franchisee that threatened its employees if they skipped work because of Hurricane Irma.Really.Expectation is that all TM’s work their schedu…
  - 2 days ago, 18 Sep 17, 11:27am -

The Employer's Lawyer

• When Rhetoric Comes to Town
  By now, if you haven’t heard about Donald Trump’s statements on Muslims and his plan to prevent Muslims from entering the country, as well as the vehement support he is receiving from an astonishing number of people, you may be living under a roc…
  - 9 Dec 15, 7:44pm -
• Beware the FMLA Equitable Estoppel Claim
  Imagine that your company has 40 employees, one of whom is subject to hospitalization for a medical condition and requires surgery. He is out of work for several weeks and in his absence, the company realizes that it gets along fine without him. As a…
  - 10 Nov 15, 2:23pm -
• Don’t Bet on the Jury Verdict
  As some of those who follow me on Twitter know, I had jury duty in September. Like most people, it wasn’t something I was looking forward to (and I even tried to get out of it on the basis that no one would pick a lawyer for a jury). Well, it turn…
  - 5 Nov 15, 2:55pm -

Connecticut Employment Law Blog

• newDepartment of Labor Releases New Pregnancy Discrimination Poster
  Last week I talked about the new state law regarding pregnancy discrimination that is going into effect on October 1, 2017.  In that post, I mentioned a new notice that was required to comply with the law. Although there is no set form that is requi…
  - 3 hours ago, 20 Sep 17, 12:49pm -
• newCalling President An Idiot May Be Protected Speech (But Maybe Not)
  “President Trump is a Big Fat Idiot” or, for that matter, “Secretary Clinton is a Sore Loser.” Let’s suppose you see one of your employees tweeting one of these expressions on Twitter during non-work hours from a personal account. Can you d…
  - 2 days ago, 19 Sep 17, 2:07am -
• BREAKING: Budget Implementer Bill Contains Big Proposed FMLA Changes for Connecticut
  Update August 16th: Late yesterday, I received further confirmation that the provisions regarding FMLA were withdrawn entirely from the proposed Democrat-led budget bill. Moreover, the General Assembly early this morning voted on a Republican version…
  - 5 days ago, 15 Sep 17, 3:48pm -

FMLA Insights

• If an Employee Attends a Beyonce Concert While on FMLA Leave, Can She Be Terminated?
  All the single ladies . . . all the single ladies . . .  Now put your hands up, oh, oh, oh . . .  Imagine marketing director, Michelle, jamming to this Beyonce song in the middle of AT&T Stadium in Dallas. On that very day, however, she’s suppose…
  - 6 days ago, 14 Sep 17, 6:43am -
• Hurricanes Harvey, Irma and the FMLA: Are Your Employees Eligible for Leave During a Natural Disaster?
  Our thoughts and prayers are with those in Texas and Louisiana whose lives have been impacted by Hurricane Harvey and those in Florida in the dangerous path of Hurricane Irma.  Join us sending a donation to those organizations performing rescue oper…
  - 23 days ago, 28 Aug 17, 3:49pm -
• Comprehensive Analysis of New York Paid Family Leave: What Must Employers Do Now to Comply?
  Are you an employer located in New York? Or might you employ even one worker in New York? If so, you need to read this. Last year, New York State passed a Paid Family Leave (PFL) law as a part of its existing state disability law, requiring employe…
  - 27 days ago, 24 Aug 17, 7:27am -

Labor Relations Today

• If an Employee Attends a Beyonce Concert While on FMLA Leave, Can She Be Terminated?
  All the single ladies . . . all the single ladies . . .  Now put your hands up, oh, oh, oh . . .  Imagine marketing director, Michelle, jamming to this Beyonce song in the middle of AT&T Stadium in Dallas. On that very day, however, she’s suppose…
  - 6 days ago, 14 Sep 17, 6:43am -
• Hurricanes Harvey, Irma and the FMLA: Are Your Employees Eligible for Leave During a Natural Disaster?
  Our thoughts and prayers are with those in Texas and Louisiana whose lives have been impacted by Hurricane Harvey and those in Florida in the dangerous path of Hurricane Irma.  Join us sending a donation to those organizations performing rescue oper…
  - 23 days ago, 28 Aug 17, 3:49pm -
• Comprehensive Analysis of New York Paid Family Leave: What Must Employers Do Now to Comply?
  Are you an employer located in New York? Or might you employ even one worker in New York? If so, you need to read this. Last year, New York State passed a Paid Family Leave (PFL) law as a part of its existing state disability law, requiring employe…
  - 27 days ago, 24 Aug 17, 7:27am -

Employment and Labor Insider

• newOFCCP offers more hurricane relief
  On the heels of the exemption for Hurricane Harvey contractors, and given the additional widespread destruction caused by Hurricane Irma, the federal government has extended a deadline affecting federal contractors and subcontractors. VETS-4212 The V…
  - 1 hour ago, 20 Sep 17, 2:52pm -
• BREAKING: Trump nominates Peter Robb as NLRB General Counsel
  Law360 just reported that President Trump, as expected, has nominated Peter Robb of Downs Rachlin Martin PLLC to be General Counsel for the National Labor Relations Board. If confirmed by the Senate, Mr. Robb will succeed current General Counsel Rich…
  - 5 days ago, 15 Sep 17, 11:08pm -
• Employment law quiz: Bizarro edition
  Has the world gone crazy? A. No. B. Yes. C. The word “crazy” is a microaggression. ANSWER: B. See how you do with these guaranteed true news items from the last week, all relating to employment law. Then tell me whether you agree that we are livi…
  - 5 days ago, 15 Sep 17, 10:44am -

Delaware Employment Blog

Lawffice Space

• newThird Circuit: Who's a "supervisor" for harassment claims?
  Yes, the Supreme Court already answered this question in Vance v. Ball State Univ., holding per the syllabus that:An employee is a “supervisor” for purposes of vicarious liability under Title VII only if he or she is empowered by the employer to…
  - 2 days ago, 18 Sep 17, 3:33pm -
• Third Circuit on Title VII, ADA, and 1983 claims
  Yesterday, the Third Circuit issued a precedential opinion in Williams v. PHRC. Williams sued the PHRC for allegedly discriminating against her based on her race and disability. Generally, under 42 U.S.C. §1983, people can sue state actors for viol…
  - 19 days ago, 1 Sep 17, 12:08pm -
• Can employers fire employees for attending Charlottesville protests?
  I'm sure you've already heard about the violence in Charlottesville this past weekend, and you've probably heard about the efforts to get the white supremacist protesters fired. Is is legal for employers to fire employees for attending the protests?G…
  - 36 days ago, 15 Aug 17, 12:42pm -

Employment Law Navigator

• Thanks, and so long…
  After 3 great years, the Employment Law Navigator is coming to an end. We’ve had fun, and we hope our posts have been helpful. Our sincere thanks to our contributors and to Zelle’s superb Marketing Director Dan Gruber, who picked our art, caug…
  - 54 days ago, 28 Jul 17, 6:38pm -
• That is SO last week
  Last week, HR Dive reported on a Washington federal court’s June order requiring that a public employer pay $1.8 million to a terminated employee.  The worker was fired when she failed a drug test due to her lawful use of prescription drugs, test…
  - 58 days ago, 24 Jul 17, 7:29pm -
• That Critical First Response to Harassment Complaints: Stage 2
  Last week, we wroteabout the importance of “first responders” who receive complaints of workplace harassment, and provided tips on how they should prepare for and react to complaints.  This week, we continue to focus on the early stages of the c…
  - 62 days ago, 20 Jul 17, 5:43pm -