The Employer Handbook

• newIt’s the most important employment law decision of 2018
  By Wolfmann [CC BY-SA 4.0 ], from Wikimedia Commons Minarsky v. Susquehanna County (opinion here) is a sexual harassment case. And there’s a lot to discuss. But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/El…
  - 3 hours ago, 12 Jul 18, 10:30am -
• newAll the 🔥hot🔥 takes on how Supreme Court Justice Brett Kavanaugh could shape employment law
  
  - 1 day ago, 11 Jul 18, 10:30am -
• newWill I see you at EEOC EXCEL today? It should be EXCELLENT! (See what I did there?)
  Source: https://eeotraining.eeoc.gov Yep, it’s that time of year. The U.S. Equal Employment Opportunity Commission’s Training Institute is hosting its Examining Conflicts in Employment Laws (EXCEL) Training Conference in Washington, DC.  The E…
  - 2 days ago, 10 Jul 18, 10:30am -

Ohio Employer's Law Blog

• GDPR: Email Marketing Compliance Update and FAQs
  As you are no doubt aware, the EU’s GDPR regulations come into force May 25th. These are a big deal, and affect every online web site, regardless of whether the site or the business it serves is in Europe. A great way to think about GDPR is that it…
  - 59 days ago, 14 May 18, 5:46pm -
• 4 Tags to Help You Send Better Emails
    On a regular old Tuesday afternoon, two emails show up in Drew’s inbox, both from a software developer, and both to deliver an update on a popular graphic design tool. The first email, sent to an entire email list, starts off:     The second e…
  - 27 Feb 18, 2:53pm -
• Grow Your Sales Using Facebook Lookalike Audiences
  Let’s talk about your ideal subscriber. We’ll call her Sally. She has all the traits of a real top performer when it comes to your mailing lists. She opens nearly every email, clicks your links  regularly, offers feedback when requested, and has…
  - 28 Nov 17, 2:54pm -

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

• Compelled Public Sector Agency Fees Declared Unconstitutional by Supreme Court
  The U.S. Supreme Court this morning in Janus v. AFSCME (download here) reversed 40 years of labor law precedent and concluded that  requiring public employees to pay “agency fees” for labor unions that they don’t want to belong to violates the…
  - 15 days ago, 27 Jun 18, 3:03pm -
• Commuting Time Typically Not Compensable — Even in a Supercar
  Cars. Lots of really fancy cars. That about sums up my Sunday in which I went to the Concorso Ferrari & Friends car event in West Hartford Center.  It has one of the biggest collections of ultra-expensive cars in the state — all to benefit the Co…
  - 17 days ago, 25 Jun 18, 12:59pm -
• The “Opportunities” in the CHRO – Kids Court Essay Competition 2018
  The Commission on Human Rights and Opportunities can sometimes be seen as an easy punching bag by legislators, employees, employers and employment law attorneys. But there’s one area that has been an unequivocal success and where you won’t see al…
  - 27 days ago, 15 Jun 18, 1:38pm -

FMLA Insights

• The DOL's FMLA Forms Are Expiring! Are Employers Still Required to Comply with the Law?
  The DOL’s model FMLA forms and notices are about to turn into the proverbial pumpkin come midnight this Friday, June 1, 2018. So, what is an employer to do? Besides panic, of course? What’s Going on and Why Do These Forms Expire Anyway? Under the…
  - 43 days ago, 30 May 18, 11:47am -
• Next Time Your Employee Requests FMLA Leave, Choose Sincerity with a Touch of Empathy
  When it comes to administering FMLA, I’ll admit — I have grown cynical and hardened. Like a doctor who becomes desensitized to blood and guts, I, too, have become desensitized to an employee’s antics while on FMLA leave. Taking FMLA leave for a…
  - 63 days ago, 10 May 18, 6:12am -
• DOL Issues Opinion Letter Allowing Employers to Avoid Payment for Excessive 15-Minute FMLA Breaks; Employers Yawn
  Last June, the U.S. Department of Labor announced that it would again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act.  It was a welcome change as far as the employer community…
  - 87 days ago, 16 Apr 18, 6:01am -

Labor Relations Today

• The DOL's FMLA Forms Are Expiring! Are Employers Still Required to Comply with the Law?
  The DOL’s model FMLA forms and notices are about to turn into the proverbial pumpkin come midnight this Friday, June 1, 2018. So, what is an employer to do? Besides panic, of course? What’s Going on and Why Do These Forms Expire Anyway? Under the…
  - 43 days ago, 30 May 18, 11:47am -
• Next Time Your Employee Requests FMLA Leave, Choose Sincerity with a Touch of Empathy
  When it comes to administering FMLA, I’ll admit — I have grown cynical and hardened. Like a doctor who becomes desensitized to blood and guts, I, too, have become desensitized to an employee’s antics while on FMLA leave. Taking FMLA leave for a…
  - 63 days ago, 10 May 18, 6:12am -
• DOL Issues Opinion Letter Allowing Employers to Avoid Payment for Excessive 15-Minute FMLA Breaks; Employers Yawn
  Last June, the U.S. Department of Labor announced that it would again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act.  It was a welcome change as far as the employer community…
  - 87 days ago, 16 Apr 18, 6:01am -

Employment and Labor Insider

Delaware Employment Blog

Lawffice Space

• newKavanaugh, the N-word, and Hostile Work Environment
  To state a hostile work environment claim, an employee must allege that (s)he was subjected to discriminatory harassment that was "severe or pervasive." What about one incident? Obviously, that's not pervasive; but, when is one incident severe enough…
  - 2 days ago, 11 Jul 18, 12:05am -
• newKavanaugh, Seaworld, and OSHA
  Welp, now we know . . . President Trump's pick to replace Justice Kennedy is Judge Kavanaugh from the D.C. Circuit. I teach employment law for Penn State's School of Labor and Employment Relations. The past several semesters, the class on OSHA has in…
  - 2 days ago, 10 Jul 18, 1:39am -
• Trump middle finger lawsuit dismissed
  I can't say I'm surprised. The lady who got fired for flipping off President Trump's motorcade reportedly lost her lawsuit. I suppose she still has some appeal options. When she filed suit, I described her claim as a "secondhand First Amendment claim…
  - 6 days ago, 6 Jul 18, 5:41pm -

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 -