The Employer Handbook

• newA federal judge declared the Affordable Care Act unconstitutional. In plain English, here’s what this means for your business.
  Image Credit (AllThingsERISA.com) “I thought you said ‘plain English,’ Handbook!” I did, didn’t I? Well, there’s good news, and there’s even better news. The good news is that the image that goes with this blog post is the only legales…
  - 2 hours ago, 19 Dec 18, 11:30am -
• newCBS just denied Les Moonves’ $120M severance. Can it do that? I have his employment and severance agreements.
  David Shankbone [CC BY 3.0], via Wikimedia Commons“Hold my drink, Harvey Weinstein. I generated the most #MeToo tweets in a single day; 800,000 of them!” That’s something that former CBS CEO Les Moonves never actually said. Although, it’s tru…
  - 1 day ago, 18 Dec 18, 11:30am -
• newIf you could only listen to one HR-compliance podcast episode…
  Font Awesome Free 5.2.0 by @fontawesome – https://fontawesome.com [CC BY 4.0]Let’s do something a little different today. I’m giving my typing fingers (and your reading eyes) a little extra R&R. Last week I hung out with my HR friend Ira Wolfe…
  - 2 days ago, 17 Dec 18, 11:30am -

Ohio Employer's Law Blog

• NBC News takes the unprecedented step to release its internal Matt Lauer harassment report
  Image by Max Goldberg via Wiki CommonsYesterday morning, NBC News released the complete report into its months long investigation of Matt Lauer.I was astounded by NBC’s transparency. It is extraordinarily rare for a private company…
  - 10 May 18, 11:21am -
• Sympathetic does not always equal protected under the ADA
  Photo by Pexels on PixabayToday’s opinion is a lesson straight out of the school of hard knocks. No matter how sympathetic the plaintiff or how harrowing his plights, the law is the law and sometimes it’s just not on his side.When…
  - 9 May 18, 11:34am -
• Should employers still test for marijuana?
  Photo by Michael Fischer from PexelsOhio’s medical marijuana program is set to be fully operational by September 2018. Ohio will join 28 other states, and the District of Columbia, in which doctors can legally prescribe marijuana to treat c…
  - 8 May 18, 11:49am -

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

• The Best Webinar on Employment Law (That Employment Bloggers Could Put Together)
  Now that Thanksgiving is in the past, it’s time to look forward to the future. Well, not before getting a recap of everything that transpired in employment law in the last year. Or at least everything that we can fit in an hour long seminar. The we…
  - 22 days ago, 27 Nov 18, 4:20pm -
• The Shifting Ground for Connecticut Employers: Massachusetts Starts Retail Sales of Marijuana
  Today, Massachusetts started retail sales of marijuana at two locations. Perhaps no location is closer to the population centers of Connecticut than Northampton — just 30 miles up the road from Enfield.  It’s the first store east of the Mississi…
  - 29 days ago, 20 Nov 18, 3:49pm -
• What Does the Blue Wave Mean for Connecticut Employment Law?
  The results are in: The General Assembly and the Governor’s office have been caught up in the Blue Wave in this state.  Instead of a split, the Democratic party will control a sizable majority in both houses and the Governor’s Office. But with G…
  - 41 days ago, 8 Nov 18, 2:55pm -

FMLA Insights

• newCreating Practical FMLA and ADA Training for Your Managers: Recap of our Webinar
  Thanks to those who attended my webinar last week with Matt Morris on “Six Ways Your Managers Are Causing FMLA & ADA Leave Lawsuits, and How to Train Them to Stop.” A link to the recording can be accessed here (just requires providing some bas…
  - 7 hours ago, 19 Dec 18, 6:07am -
• Paying Out a Year-End Bonus or an Incentive Payment: Can an Employer Withhold the Money from the Employee Who Took FMLA Leave?
  It’s the end of the year, which means bonus time. Or perhaps instead you want to offer a pay incentive to employees to improve attendance or production?  Take, for instance, a point-based attendance bonus policy in which employees are assessed po…
  - 13 days ago, 6 Dec 18, 7:00am -
• What if I Offered You a Free Webinar That Provided the Roadmap to Create Your Own FMLA & ADA Manager Training? Would you Attend?
  When: Wednesday, December 12 (12:00 – 1:15 p.m. central time) Online registration: Click Here Over the past year alone, employers have been forced to defend FMLA and ADA lawsuits due simply to an inappropriate comment from a manager after an emplo…
  - 41 days ago, 8 Nov 18, 6:44am -

Labor Relations Today

• newCreating Practical FMLA and ADA Training for Your Managers: Recap of our Webinar
  Thanks to those who attended my webinar last week with Matt Morris on “Six Ways Your Managers Are Causing FMLA & ADA Leave Lawsuits, and How to Train Them to Stop.” A link to the recording can be accessed here (just requires providing some bas…
  - 7 hours ago, 19 Dec 18, 6:07am -
• Paying Out a Year-End Bonus or an Incentive Payment: Can an Employer Withhold the Money from the Employee Who Took FMLA Leave?
  It’s the end of the year, which means bonus time. Or perhaps instead you want to offer a pay incentive to employees to improve attendance or production?  Take, for instance, a point-based attendance bonus policy in which employees are assessed po…
  - 13 days ago, 6 Dec 18, 7:00am -
• What if I Offered You a Free Webinar That Provided the Roadmap to Create Your Own FMLA & ADA Manager Training? Would you Attend?
  When: Wednesday, December 12 (12:00 – 1:15 p.m. central time) Online registration: Click Here Over the past year alone, employers have been forced to defend FMLA and ADA lawsuits due simply to an inappropriate comment from a manager after an emplo…
  - 41 days ago, 8 Nov 18, 6:44am -

Employment and Labor Insider

Delaware Employment Blog

Lawffice Space

• Third Circuit on compensation for commuting requirements
  Black letter law dictates that time spent commuting is generally not compensable. But are there exceptions? The Third Circuit issued an interesting (albeit, not precedential) opinion on a quirky commuting scenario in Smith v. Allegheny Technologies,…
  - 8 days ago, 11 Dec 18, 9:43pm -
• PA Supreme Court recognizes employer duty to safeguard employee data
  Right before Thanksgiving, the Supreme Court of Pennsylvania (SCOPA) issued its opinion in Dittman v. UPMC.UPMC employees alleged that "a data breach had occurred through which the personal and financial information, including names, birth dates, soc…
  - 23 days ago, 26 Nov 18, 3:43pm -
• Does Pennsylvania's Medical Marijuana Act only protect status and not use?
  Why is it so hard to write a clear and easy-to-understand statute? Pennsylvania has a fairly new Medical Marijuana Act (MMA). The statute protects "an individual who is certified to use medical marijuana."I have heard, however, some conjecture that e…
  - 36 days ago, 13 Nov 18, 2:29pm -

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…
  - 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…
  - 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…
  - 20 Jul 17, 5:43pm -