The Employer Handbook

• newEven a sex museum must try to prevent sexual harassment in the workplace
  Richardfalk2 [CC BY-SA 3.0], via Wikimedia CommonsA former employee of the Museum of Sex in NYC is suing for sexual harassment. Several news outlets reported the story last week. Here’s a snippet from Snejana Farberov writing for the Daily Mail: A…
  - 20 hours ago, 24 Jun 19, 10:30am -
• Can a marijuana dispensary be responsible for a manager’s sexual harassment?
  Image by CMElixirs from Pixabay Or, stated differently, does a federal anti-discrimination law even cover a business that operates illegally under federal law? Yes, it does. In this recent decision, a Colorado federal court concluded that a female pl…
  - 4 days ago, 21 Jun 19, 10:30am -
• Here’s a sneak preview of the outtakes from my ADA/FMLA MEGA session at SHRM19 in Las Vegas
  Image Credit: PhotoFunia.com (http://photofunia.com/results/5d0b63b54686797e398b4569) FOMO or Fear of Missing Out. According to Google, FOMO is “anxiety that an exciting or interesting event may currently be happening elsewhere, often aroused by po…
  - 5 days ago, 20 Jun 19, 11:15am -

Ohio Employer's Law Blog

• Supercharge and Protect your Podcast Feeds
  Announcing Procaster by FeedBlitz Built for professional podcasters, Procaster extends FeedBlitz’s established RSS feed service, enabling power publishers to: ● Keep thousands of episodes live with extra RSS feed capacity● Securely deliver prem…
  - 41 days ago, 15 May 19, 3:11pm -
• How to Take Your RSS to Email from Meh to Yeah!
  RSS to Email is a form of email automation that uses a feature almost every website has, though for some it’s a hidden feature: the RSS Feed. Utilizing the RSS Feed, you can send automatic emails to notify your subscribers of changes to your site,…
  - 81 days ago, 5 Apr 19, 2:16pm -
• Getting Started with A/B Testing Your Emails
  A big part of email marketing – of all marketing – is finding out what works best for your brand and audience. For those just starting on our email platform or those who are looking to change up how they make their emails, it can be stressful to…
  - 4 Mar 19, 5:58pm -

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

• Legislative Recap: New Employment Laws Will Have Far-Reaching Impact
  At the stroke of midnight last night, the 2019 General Assembly came to a close. I think it’s fair to say that 2019 will go down in history not for the number of bills impacting employers, but for the breadth of the few that passed. I’ve recappe…
  - 19 days ago, 6 Jun 19, 12:54pm -
• The Definitive Employer Guide to Connecticut’s New Anti-Sexual Harassment Law
  If you’re a Connecticut employer, new requirements regarding training and posting — as well as changes to the underlying anti-discrimination law — should be a must-read. On Tuesday, June 4, 2019, the General Assembly passed a series of revision…
  - 20 days ago, 5 Jun 19, 2:36pm -
• Budget Would Ban Non-Compete Agreements for “Homemakers, Companions and Home Health Services” Workers
  Buried deep in the budget (page 417 of 567) that was passed by the state House last night is this provision: Sec. 305. (NEW) (Effective from passage) For purposes of this section “covenant not to compete” means any contract or agreement that rest…
  - 21 days ago, 4 Jun 19, 1:47pm -

FMLA Insights

• Something is Afoot at the DOL: Could New FMLA Regulations or Forms Be on the Horizon?
  It’s been just over 10 years since the Department of Labor last introduced wholesale changes to the FMLA regulations. Remember those happy days back in 2009, when we were introduced to new FMLA notice requirements (for all), clarity over employee e…
  - 32 days ago, 24 May 19, 11:43am -
• How Does an Employer Respond to an Employee with a Terminal Illness and Who Doesn’t Have Long to Live?
  Andy, the Director of Human Resources at one of my clients, called me last week. He was pretty distraught. One of his employees, we’ll call him Tom, has been battling lung cancer, and he recently learned that the cancer has advanced to stage four.…
  - 55 days ago, 1 May 19, 5:03am -
• Can an Employee Decline FMLA Leave Even though the Absence is Covered by the FMLA? According to the DOL, the Answer is an Emphatic “NO.”
  Every one of you employs at least one of these employees — you know, the one who: requests medical leave because of, let’s say, his uromysitisis poisoning (clearly, an FMLA-qualifying condition); but wants to use his accrued paid leave instead of…
  - 15 Mar 19, 12:32pm -

Labor Relations Today

• Something is Afoot at the DOL: Could New FMLA Regulations or Forms Be on the Horizon?
  It’s been just over 10 years since the Department of Labor last introduced wholesale changes to the FMLA regulations. Remember those happy days back in 2009, when we were introduced to new FMLA notice requirements (for all), clarity over employee e…
  - 32 days ago, 24 May 19, 11:43am -
• How Does an Employer Respond to an Employee with a Terminal Illness and Who Doesn’t Have Long to Live?
  Andy, the Director of Human Resources at one of my clients, called me last week. He was pretty distraught. One of his employees, we’ll call him Tom, has been battling lung cancer, and he recently learned that the cancer has advanced to stage four.…
  - 55 days ago, 1 May 19, 5:03am -
• Can an Employee Decline FMLA Leave Even though the Absence is Covered by the FMLA? According to the DOL, the Answer is an Emphatic “NO.”
  Every one of you employs at least one of these employees — you know, the one who: requests medical leave because of, let’s say, his uromysitisis poisoning (clearly, an FMLA-qualifying condition); but wants to use his accrued paid leave instead of…
  - 15 Mar 19, 12:32pm -

Employment and Labor Insider

Delaware Employment Blog

Lawffice Space

• Well, at least compensatory and punitive damages are capped in discrimination cases, right? Not so fast, Pennsylvania employers!
  What's the worst case scenario in a discrimination claim? In terms of liability, federal discrimination claims under the ADA and Title VII have a statutory cap for compensatory damages (like emotional distress) and punitive damages combined. See, 42…
  - 13 days ago, 12 Jun 19, 1:38pm -
• SCOTUS: Title VII charge process is procedural, not jurisdictional
  Before would-be plaintiffs file employment discrimination lawsuits under Title VII (race, color, sex, religion, and national origin), they must first exhaust their administrative remedies. Put another way, they must go to the U.S. Equal Employment Op…
  - 21 days ago, 3 Jun 19, 7:26pm -
• Attorney-Client privilege in internal sexual harassment investigations
  Here's an interesting case out of the Southern District of New York, dealing with attorney-client privilege in internal investigations. The case is Barbini v. First Niagara Bank (HT: The Legal Intelligencer, Ruling Highlights Narrow Path in Defendin…
  - 27 days ago, 29 May 19, 1:28pm -