The Employer Handbook

• newHow to fire a poor performer who complains about discrimination and still avoid a retaliation claim
  Image by Christos Giakkas from Pixabay You have an underperforming supervisor in your workplace. Several employees have complained about her work performance and leadership. So, the plan is to fire her. Except, three weeks before you terminate this s…
  - 17 hours ago, 12 Nov 19, 12:50pm -
• newThe DOL plans to make it easier for you to pay bonuses while using the fluctuating workweek
  After a Harry Potter tour behind-the-scenes, some additional London sightseeing, and a Premier League game, the Meyers have made it back to the United States. Unfortunately, since my body is still on Greenwich Mean Time, I’m typing this post at 5:3…
  - 2 days ago, 11 Nov 19, 11:20am -
• As we approach the holiday season, remember to protect your seasonal workers
  Our first full day of London sightseeing is in the books. Not only did I leave and return home to our VRBO with four children — #DadOfTheYear — but I also found a suitable protector for the many barrels of local whiskey that I’m gate-checking a…
  - 5 days ago, 8 Nov 19, 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

• Sexual Harassment Claims Increase by 20 Percent and Other Key Data From CHRO
  If you’ve been reading this blog long enough, you know that this is my absolute favorite time of the year. No, it’s not Thanksgiving (though we should give thanks as I’ll explain in a second). But rather, it’s the release of the Annual Case P…
  - 5 days ago, 8 Nov 19, 12:15pm -
• Pet Peeves of the CHRO and Other Practice Tips
  Last night, I had the opportunity to attend a terrific little CLE program at the Hartford County Bar Association about practicing before administrative agencies in the state.  And while the discussion regarding the Department of Children and Family…
  - 6 days ago, 7 Nov 19, 12:54pm -
• Employment Law Checklist Project: Protecting the Sacredness of Jury Duty
  What does it feel like winning the lottery? I don’t know but it has to feel a lot like getting picked for jury duty. (Wait, am I the only one to get excited at the prospect of jury duty? <grins sheepishly>) If you’ve been reading this blog long…
  - 13 days ago, 31 Oct 19, 2:36pm -

FMLA Insights

• newFree Webinar: Stop the Madness! Effective Ways to Protect Your Organization Against FMLA Abuse
  When: Wednesday, December 11, 2019 (12:00 – 1:15 p.m. central time) Online registration:  Click here The Family and Medical Leave Act is generally considered to be an employee-friendly law, and employers have often felt helpless to do anything bu…
  - 23 hours ago, 12 Nov 19, 6:41am -
• Note to Employers: Stop Designating Lengthy Approval Dates on Your FMLA Designation Forms
  I spend a decent part of my day reviewing FMLA forms, certification and correspondence. Exhilarating, for sure.  When it comes to FMLA notices, do you care hear about one of my big pet peeves?  [You: Not really interested, Jeff, but we have the fe…
  - 6 days ago, 7 Nov 19, 12:26pm -
• Can Employees Be Disciplined When They Exceed the Frequency on Their FMLA Medical Certification? A Court Finally May Have Given Us an Answer
  Can an employer discipline an employee for exceeding the frequency of expected absences indicated on an FMLA medical certification? I’m actually going to answer this question tomorrow during a free webinar sponsored by the Disability Management Emp…
  - 16 days ago, 28 Oct 19, 5:34am -

Labor Relations Today

• newFree Webinar: Stop the Madness! Effective Ways to Protect Your Organization Against FMLA Abuse
  When: Wednesday, December 11, 2019 (12:00 – 1:15 p.m. central time) Online registration:  Click here The Family and Medical Leave Act is generally considered to be an employee-friendly law, and employers have often felt helpless to do anything bu…
  - 23 hours ago, 12 Nov 19, 6:41am -
• Note to Employers: Stop Designating Lengthy Approval Dates on Your FMLA Designation Forms
  I spend a decent part of my day reviewing FMLA forms, certification and correspondence. Exhilarating, for sure.  When it comes to FMLA notices, do you care hear about one of my big pet peeves?  [You: Not really interested, Jeff, but we have the fe…
  - 6 days ago, 7 Nov 19, 12:26pm -
• Can Employees Be Disciplined When They Exceed the Frequency on Their FMLA Medical Certification? A Court Finally May Have Given Us an Answer
  Can an employer discipline an employee for exceeding the frequency of expected absences indicated on an FMLA medical certification? I’m actually going to answer this question tomorrow during a free webinar sponsored by the Disability Management Emp…
  - 16 days ago, 28 Oct 19, 5:34am -

Employment and Labor Insider

Delaware Employment Blog

Lawffice Space

• How to lose an ADA "regarded as" disability reasonable accommodation case
  Once upon a time, waaaay back before 2008, there was a circuit split on the issue of whether the ADA required employers to reasonably accommodate an employee who was "regarded as" having a disability (but, did not meet either of the other two covered…
  - 5 days ago, 8 Nov 19, 2:13pm -
• Pennsylvania employment law regarding election interference
  I assume that most (all?) states have laws against threats, intimidation, and coercion to compel voting a certain way in an election. Pennsylvania has just such a law, 25 Pa. Cons. Stat. Ann. § 3547. But, did you know that it also has employer-speci…
  - 8 days ago, 5 Nov 19, 1:55pm -
• "Pennsylvania Moving Forward with New Overtime Rules"
  The new federal overtime regulations draw a lot of attention and media coverage. In Pennsylvania, however, they may be irrelevant in about a year. The PA Department of Labor and Industry (DLI) announced that it is moving forward with its own new over…
  - 15 days ago, 29 Oct 19, 12:38pm -