The Employer Handbook

• newIs a request to transfer away from a supervisor antagonist a reasonable accommodation?
  Imagine a situation that, well, won’t be too hard to imagine. One of your employees gets a new supervisor, and things don’t seem to be working out. The employee complains that the new supervisor scheduled her to work the closing shift even though…
  - 23 hours ago, 19 Sep 22, 10:30am -
• Could an anonymous complaint about COVID-19 spawn a sex-based retaliation claim?
  Winning a retaliation lawsuit against an employer isn’t easy. The plaintiff-employee must prove three elements: she engaged in a protected activity; the defendant-employer took an employment action adverse to the plaintiff; and there was a causal c…
  - 4 days ago, 16 Sep 22, 10:30am -
• If a cyber-attack at work creates imminent risk of identity theft or fraud, your employees can sue you!
  Think of all the personal, sensitive information that an individual shares with you just to have the opportunity to earn a living as an employee of your company. As part of onboarding, new employees provide their home address, social security number,…
  - 5 days ago, 15 Sep 22, 10:30am -

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

• New Updated and Revised CTFMLA Regulations are Finally Here
  If you look at the state Department of Labor website, you’ll find a notation about “proposed amended FMLA regulations” that have not yet been put into place. It adds “approval pending”. As the modern saying goes: Don’t believe everythin…
  - 6 days ago, 14 Sep 22, 11:19am -
• When AI Meets the Workplace, Who’s Responsible?
  
  - 7 days ago, 13 Sep 22, 11:39am -
• Happy 15 Year Anniversary to the Blog!
  Fifteen years ago today, I posted my first Welcome message to this blog. Whoa. I had one modest goal: I hope you will stick around for the first (and as far as I know, only) Connecticut blog that will focus on new and noteworthy developments in the…
  - 8 days ago, 12 Sep 22, 11:36am -

FMLA Insights

• What Does a Baseball Road Trip Teach Us About Bugging an Employee While They Take FMLA Leave?
  Ever since my son, Luke, was a wee lad, we dreamed of going on a major league baseball road trip together. Baseball runs through our veins, so after years of dreaming, 2022 was our year.  Since the beginning of this year, we’ve been plotting, plan…
  - 21 days ago, 30 Aug 22, 5:52am -
• Does the FMLA Cover Abortion and Travel to Obtain an Abortion?
  In the aftermath of the Supreme Court’s Dobbs decision, the FMLA questions are coming fast and furious: Can an employee take FMLA leave to obtain and recover from an abortion? What if the abortion is elective? And now that abortion will be illegal…
  - 67 days ago, 15 Jul 22, 6:58am -
• Employers: Warn Your Managers to Stop Saying Stupid Stuff in Response to an Employee’s Request for FMLA Leave!
  Can an employer violate the FMLA even though it never denies an employee’s request for FMLA leave? Ask Salvatore Ziccarelli, who we’ll call Sal for short. Sal worked for the Sheriff as a corrections officer in my backyard, Cook County, Illinois.…
  - 7 Jun 22, 6:48am -

Labor Relations Today

• What Does a Baseball Road Trip Teach Us About Bugging an Employee While They Take FMLA Leave?
  Ever since my son, Luke, was a wee lad, we dreamed of going on a major league baseball road trip together. Baseball runs through our veins, so after years of dreaming, 2022 was our year.  Since the beginning of this year, we’ve been plotting, plan…
  - 21 days ago, 30 Aug 22, 5:52am -
• Does the FMLA Cover Abortion and Travel to Obtain an Abortion?
  In the aftermath of the Supreme Court’s Dobbs decision, the FMLA questions are coming fast and furious: Can an employee take FMLA leave to obtain and recover from an abortion? What if the abortion is elective? And now that abortion will be illegal…
  - 67 days ago, 15 Jul 22, 6:58am -
• Employers: Warn Your Managers to Stop Saying Stupid Stuff in Response to an Employee’s Request for FMLA Leave!
  Can an employer violate the FMLA even though it never denies an employee’s request for FMLA leave? Ask Salvatore Ziccarelli, who we’ll call Sal for short. Sal worked for the Sheriff as a corrections officer in my backyard, Cook County, Illinois.…
  - 7 Jun 22, 6:48am -

Employment and Labor Insider

Delaware Employment Blog

Lawffice Space

• NLRB Proposes New Joint Employer Rule
  Welp, this is one of those pendulum issues . . . it swings back and forth depending on the administration. Earlier this week, President Biden's National Labor Relations Board (NLRB) issued a notice of proposed rulemaking (NPRM) (News Release | NPRM).…
  - 12 days ago, 8 Sep 22, 12:46pm -
• New Whitepaper: New Pennsylvania Wage and Hour Regulations
  Apologies for the brief blogging hiatus - I plan to ramp back up for the Fall. For now, please check out this new whitepaper: New Pennsylvania Wage and Hour Regulations. The new regs primarily address tipped employees and the calculation of the regul…
  - 27 days ago, 24 Aug 22, 12:43pm -
• SCOTUS: No state sovereign immunity for USERRA claims
  Justice Breyer issued his final Supreme Court opinion in Torres v. Texas Dept. of Public Safety. Torres served in the United States Army Reserve in Iraq, where he was exposed to toxic burn pits. He returned with constrictive bronchitis, which prevent…
  - 81 days ago, 1 Jul 22, 12:51pm -