The Employer Handbook

• newIf one of your employees wears this to work, tell that person to GTHO!
  Image Credit: @bstroy.us on Instagram (https://www.instagram.com/bstroy.us/) On Monday, I blogged (here) about a manager who commented on the hands of a female employee who had suffered severe nerve damages to them after a car accident. He called her…
  - 12 hours ago, 19 Sep 19, 10:30am -
• newHer resignation letter described a “great experience” at work. Then she sued for hostile-environment constructive discharge.
  Fred the Oyster [Public domain], via Wikimedia CommonsOne of the first hits when you Google ‘resignation letter’ is this career advice from Monster. The job board offers some tips for crafting a letter of resignation, among them: a statement of i…
  - 2 days ago, 18 Sep 19, 10:30am -
• newHooters 2.0? EEOC says that a lingerie store can’t refuse to hire male salespeople
  Image Credit: http://www.freestockphotos.biz/stockphoto/14339 A few decades ago, some men sued Hooters Restaurant, claiming that the purveyor of chicken wings, burgers, beer, and shapely female servers in tight, revealing outfits, was discriminating…
  - 3 days ago, 17 Sep 19, 10:30am -

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…
  - 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,…
  - 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

• It’s Alive! Summary Judgment Lives in Employment Discrimination Cases
  Can an employer ever win a motion for summary judgment on a discrimination case in state court? The prevailing wisdom is no.  A fool’s errand, some might say. But a new Connecticut Appellate Court case (Alvarez v. City of Middletown) shows at leas…
  - 6 days ago, 13 Sep 19, 12:51pm -
• 12 Years Later … Employment Law and Employment Law Blogs Continue to Grow Up
  Has it really been a dozen years? Yes, it was 12 years ago today that I clicked “Publish” and put up my Welcome message to the Connecticut Employment Law Blog. At the time, I was the first platform to discuss employment law issues with a focus on…
  - 7 days ago, 12 Sep 19, 12:26pm -
• How Small Things Still Matter – A 9/11 Story
  What makes an employee file a lawsuit? Or what makes an employee give an employer the benefit of the doubt? I think about this question sometimes in the middle of lawsuits. I try to figure out what went wrong in the relationship between the employer…
  - 8 days ago, 11 Sep 19, 1:07pm -

FMLA Insights

• DOL Doubles-Down: Employees Cannot Decline FMLA Leave, Even if a Collective Bargaining Agreement States Otherwise
  Earlier this year, the Department of Labor made clear in an opinion letter that neither an employee nor an employer may decline FMLA leave where an eligible employee is absent for an FMLA-qualifying reason.  As the DOL noted in this March 2019 opi…
  - 6 days ago, 13 Sep 19, 2:13pm -
• DOL Declares That Parent Attendance at School IEP Meetings Are Covered by the FMLA
  If I gave you a million tries, you’d never guess that the next Department of Labor FMLA opinion letter would answer the question [wait for it . . .]: Is an employee’s attendance at a child’s IEP meeting covered by the FMLA? The Answer? Yes. Mo…
  - 41 days ago, 9 Aug 19, 11:57am -
• Employees Busted Taking FMLA Leave for a Caribbean “Booze” Cruise, Yet Another Reminder Leave Abuse is Alive and Well
  It’s a Friday in the middle of summer. So, approximately half of your workforce called off today due to an FMLA-related absence. [Well, not really, but I’m not that far off, amirite?] Take heart. At least you’re not the City of Chicago. As repo…
  - 63 days ago, 19 Jul 19, 5:35am -

Labor Relations Today

• DOL Doubles-Down: Employees Cannot Decline FMLA Leave, Even if a Collective Bargaining Agreement States Otherwise
  Earlier this year, the Department of Labor made clear in an opinion letter that neither an employee nor an employer may decline FMLA leave where an eligible employee is absent for an FMLA-qualifying reason.  As the DOL noted in this March 2019 opi…
  - 6 days ago, 13 Sep 19, 2:13pm -
• DOL Declares That Parent Attendance at School IEP Meetings Are Covered by the FMLA
  If I gave you a million tries, you’d never guess that the next Department of Labor FMLA opinion letter would answer the question [wait for it . . .]: Is an employee’s attendance at a child’s IEP meeting covered by the FMLA? The Answer? Yes. Mo…
  - 41 days ago, 9 Aug 19, 11:57am -
• Employees Busted Taking FMLA Leave for a Caribbean “Booze” Cruise, Yet Another Reminder Leave Abuse is Alive and Well
  It’s a Friday in the middle of summer. So, approximately half of your workforce called off today due to an FMLA-related absence. [Well, not really, but I’m not that far off, amirite?] Take heart. At least you’re not the City of Chicago. As repo…
  - 63 days ago, 19 Jul 19, 5:35am -

Employment and Labor Insider

Delaware Employment Blog

Lawffice Space

• Third Circuit on the Federal Arbitration Act and Uber drivers
  Do you love the arcane scope language of the Federal Arbitration Act (FAA)? Do you also love the convoluted mess of employee-independent contractor classification analysis? Who doesn't!? The Third Circuit just issued a precedential opinion in Singh v…
  - 7 days ago, 12 Sep 19, 12:39pm -
• Miles (and Wilt) on attorney-client privilege and work product doctrine
  Straight from the department of shameless self-promotion: my latest article (co-authored by Ethan Wilt) in the Pennsylvania Bar Association Civil Litigation Update, Don’t Forward that Email: Avoiding Waiver of the WorkProduct Doctrine and Attorney-…
  - 9 days ago, 10 Sep 19, 1:57pm -
• Third Circuit re-affirms that comparator evidence is not necessary to establish a prima facie case of discrimination
  Last week, the Third Circuit issued a nonprecedential opinion in Feng v. Univ. of Delaware. The Court reversed a trial court's decision to grant summary judgment on Feng's Title VI national origin discrimination claim. Feng alleged that he was doing…
  - 14 days ago, 5 Sep 19, 5:20pm -