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  • Article

    Fired An Employee For Violating A Social Media Policy, Did You? You May Have To Pay Their Credit Card Debt And Mortgage Payments

    On Friday's edition of The Employer Handbook Zoom Office Happy Hour — catch the replay here if you missed it — we talked about 2022 changes in the law that could impact 2023 updates...
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    He Asked Her To Babysit And Shot Her In The Butt With A Rubber Band. So She Sued For Hostile Work Environment.

    I've seen weaker lawsuits. But let me explain why the Sixth Circuit Court of Appeals recently affirmed that asking a female colleague to babysit, once hitting her posterior...
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Law Restricting Arbitration Of Sexual Harassment Claims Doesn't Apply Retroactively, Says Court That Can Read The Law

    Your tax dollars at work, folks. Well, technically, just those of us in New Jersey. Before I tell you about this recent decision, I'll offer a brief history lesson.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Do Employers Risk Violating The FLSA By Reducing PTO? Is It Part Of An Employee's Salary?

    Those were the critical issues in a precedential decision that the Third Circuit Court of Appeals issued yesterday. So let's talk about it.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Speaking Of Technology, Pay Attention To The National Labor Relations Board's Latest Attempt To Regulate Employers

    Shout out to the National Labor Relations Board — specifically, the Board's General Counsel. The timing of yesterday's announcement of her new memo to protect employees, to the greatest extent possible...
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Are These Two Employees Comparable? Today, You Be The Judge To Help Decide This Discrimination Case.

    A white man who worked as a utility water meter reader sued his employer for racial discrimination after he was fired for inaccurately reporting homeowners' water meters.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Documentation And Communication FTW! (Well, Good Enough.)

    After completing a 90-day orientation program for newly licensed nurses, a woman was denied a full-time position as a Registered Nurse (RN) at a hospital and, instead, transferred into a lower-paying position at another facility that the same employer operated.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Fool Me Once, Shame On Me. Fool Me Twice, The EEOC Sues You For Age Discrimination

    Proving age discrimination can be difficult because plaintiffs must ultimately establish that their age was a determinative factor in the defendant's decision. In other words...
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Is It Ok To Terminate An Employee, But Then Let Them Complete Their FMLA Leave?

    Tell me what you think of this. An employee is having behavioral issues at work, which leads to an official warning from the employer.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    The Time An Employee Rejected A $100 Discrimination Settlement And Turned It Into $495,000!

    You practice long enough as an employment lawyer, and you accrue stories upon stories to share with others. But, this one I'm about to tell you tops most.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Did Twitter's Recent Layoffs Violate Federal Employment AND Labor Law?

    It depends on who you ask. According to the plaintiffs and their counsel in this recently filed first amended complaint, the social media giant violated the federal Worker Adjustment and Retraining Notification Act (WARN).
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Here's Why The National Labor Relations Board Get May Interested In Non-Union Twitter's Layoffs

    Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act (the Act) protect employees from retaliation for concerted protected activity.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    How Can An Employee Make $200K, PLUS Overtime?!? The Supreme Court Explains…

    A company operating an offshore oil rig paid one of its "tool pushers" anywhere from $963 to $1,341 per day. His paycheck, issued every two weeks, amounted to his daily rate times the number of days...
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Not One, But Two Friday Freebies (Including FMLA/ADA Tips And Tricks On Zoom Today At Noon ET!!!)

    Well, if you count The Employer Handbook itself, which email gods magically deliver to blog subscriber email inboxes every weekday following weeknights where I haven't had too many blog-inhibiting adult beverages...
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    You Might Have To Pay Employees To Turn On And Watch Their Computers Boot Up

    I'm hitting this technology theme hard this week.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Rarely-Performed Duties Can Still Be Essential Ones Under The ADA

    I have another HR tip related to yesterday's blog post and accommodating employees under the Americans with Disabilities Act and what counts as an essential job function.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Close Counts In Horseshoes And Accommodating Individuals With Disabilities At Work

    Last night, I read a federal appellate court decision in which an employee with back spasms, sciatica, fibromyalgia, and pinched nerves claimed that her employer didn't give her the help she needed to do her job.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Who Gets The Job? The Most-Qualified Candidate Or A Disabled Employee Requesting Reassignment?

    Can an employer have a categorical policy of hiring the most qualified candidate when a qualified disabled employee requests reassignment to a vacant role...
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    Do We Have To Pay Out Accrued PTO To Terminated Employees?

    The answer to that question (wait for it) — it depends on the state. A few states, like California, Colorado, Kentucky, and Massachusetts (there may be others), define "wages" statutorily to include vacation pay.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles
  • Article

    If This Isn't A Ringing Endorsement For Updating Your Employee Handbook, Then What Is?

    I get that employee handbooks are not contacts and are subject to change and all that stuff. But, companies should be prepared to enforce any existing policy in an employee handbook as written.
    United StatesEmployment and HR
    Fisher Broyles
    Fisher Broyles

Showing 21–40 of 93 results

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