Eric B. Meyer

Eric B. Meyer is a partner in the Labor and Employment Group of the Philadelphia-based law firm of Dilworth Paxson LLP . He dedicates his practice to litigating and assisting employers on labor and employment issues affecting the workplace, including collective bargaining, discrimination, employee handbook policies, enforcement of restrictive covenants, and trade secret protection. Eric also serves as a volunteer mediator for the United States Equal Employment Opportunity Commission. Contact him at emeyer@dilworthlaw.com .

Articles by Eric B. Meyer

HR Basics, Legal Issues

Psych Counseling For Employees: How to Do It the ADA-Approved Way

by on Jun 18, 2013, 10:20 AM  |  No comments yet
tada

By Eric B. Meyer

The Americans with Disabilities Act (ADA) limits when an employer can require an employee to take a medical examination.

Specifically, the ADA forbids employers from requiring medical exams (and cannot otherwise inquire into the nature or severity of a disability) unless the exam or inquiry is shown to be “job-related and consistent with business necessity.”

The U.S. Equal Employment Opportunity Commission (EEOC) advises (here) that an exam is permissible where the employer “has a reasonable belief based on objective evidence, that: (1) an employee’s ability to perform essential job functions will be impaired by a medical condition; or (2) an employee will pose a direct threat due to a medical condition.” Read more…

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HR News & Trends, Legal Issues

Can Being Short Be Considered a Disability Under the ADA?

by on Jun 17, 2013, 10:25 AM  |  No comments yet
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By Eric B. Meyer

Barbara Joy McElmurry worked for the Arizona Department of Agriculture.

In a Complaint she filed in federal court, she alleged that her supervisor forced her into a field work position in which she would not be able to drive vehicles because she was too short (4’10″). So, McElmurry asserted a claim for discrimination on the basis of disability, namely, her short stature.

So, could height (or lack thereof) be a disability? Read more…

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HR News & Trends, Legal Issues

Court Rules That Firing a Woman for Lactating at Work is Against the Law

by on Jun 4, 2013, 11:50 AM  |  No comments yet
breast feeding working mother

By Eric B. Meyer

Last week, the Fifth U.S. Circuit Court of Appeals in New Orleans ruled that discharging a female employee because she is lactating or expressing breast milk is sex discrimination and, therefore, violates Title VII of the Civil Rights Act of 1964.

In EEOC v. Houston Funding II, Ltd., Dominica Venters, who was recovering from a C-Section, alleged that she requested that her supervisor ask the boss if it would be possible for her to use a breast pump at work. The supervisor stated that when he posed this question to the boss, the boss “responded with a strong ‘NO. Maybe she needs to stay home longer.’ ”

Ms. Venters alleged that she was later told that her spot had been filled. Houston Funding alleged that Ms. Venters had abandoned her job. So, Ms. Venters alleged sex discrimination, and the U.S. Equal Employment Opportunity Commission took up the case on her behalf. Read more…

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Legal Issues

Employee Claims Age Discrimination, Says He Got “Office Space” Treatment

by on May 31, 2013, 10:20 AM  |  No comments yet
Office Space - Milton

By Eric B. Meyer

If the movie Office Space has taught me anything, it’s to wear 37 pieces of flair to work — do more than the bare minimum — and to use a cover sheet with my TPS reports.

And never mess with a man’s stapler. That too. Especially when you’re also moving the man’s desk four times and sending him to the basement. Because that could be age discrimination.

No, seriously. I was reading this decision from the United States District Court for the Eastern District of Pennsylvania. It involves claim of age discrimination where, the over-40 plaintiff claimed that he was “functionally replaced” by an employee who was substantially younger than he. Read more…

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HR News & Trends, Legal Issues

Oregon Gets New Social Media Law; A Federal Law May be Next

by on May 29, 2013, 10:20 AM  |  2 Comments
social media privacy

By Eric M. Meyer

Last week, before the Memorial Day weekend, Oregon Gov. John Kitzhaber signed into law a bill which prohibits employers from requiring or requesting that employees or applicants for employment:

  • Provide access to personal social media accounts;
  • Add employers to social media contact lists; or,
  • Allow employers to view an employee’s or applicant’s personal social media account. Read more…
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HR News & Trends, Legal Issues

What Happens When Worker Posts “Fire Me…Make My Day” on Facebook?

by on May 28, 2013, 12:15 PM  |  No comments yet
Facebook_11

By Eric B. Meyer

Employee posts “FIRE ME…Make my day…” on Facebook. And guess what?

Yep.

And not even the Associate General Counsel at the National Labor Relations Board could save this employee. Read more…

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HR Management, Legal Issues

Sex Jokes, Sexual Harassment Make For a Bad Workplace Combination

by on May 22, 2013, 12:15 PM  |  1 comment
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By Eric B. Meyer

When offering respect in the workplace training for employees and supervisors, I emphasize that an employee who laughs at sex jokes in the workplace is the same employee who may later sue for sexual harassment.

Like Little Ladner did.

(Yes, Little Ladner)

Ms. Ladner used to work for a nursing home in Mississippi. In her Complaint against her former employer, she alleged a kitchen sink of classic sexual harassment: Read more…

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HR News & Trends, Legal Issues

Colorado Now the 8th State With a Workplace Social Privacy Law

by on May 16, 2013, 9:10 AM  |  No comments yet
123RF Stock Photo

By Eric B. Meyer

Over the weekend, Colorado Gov. John Hickenlooper signed a bill making Colorado the eighth state to have a social media workplace privacy law. (The others are Maryland, Illinois, California, Michigan, Utah, New Mexico, and Arkansas).

You can view a copy of the new Colorado  law here.

The new law places three restrictions on employers with respect to access of employee and applicant social media accounts: Read more…

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HR News & Trends, Legal Issues

House Passes Bill to Allow Employees to Swap OT For Comp Time

by on May 10, 2013, 8:35 AM  |  1 comment
Comp time

By Eric B. Meyer

Earlier this week, the U.S. House of Representatives voted 223-204 to pass the Working Families Flexibility Act of 2013, which would amend the Fair Labor Standards Act to permit employers to provide compensatory time off in lieu of monetary compensation for overtime hours worked.

Presently, through the Federal Employees Flexible and Compressed Work Schedules Act, only state and federal employees may receive comp time in lieu of overtime (OT). Read more…

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HR News & Trends, Legal Issues

New Jersey Governor Vetoes Proposed Workplace Social Media Law

by on May 8, 2013, 8:42 AM  |  No comments yet
© arrow - Fotolia.com

By Eric B. Meyer

You see, employment law dorks like me use tools like these to monitor the status of pending employment-law-related bills.

And yesterday, I got a hit informing me that, on Monday, Gov. Chris Christie vetoed this proposed New Jersey bill, which would prohibit employers from requiring employees and candidates for disclosing online usernames and passwords.

Savador Rizzo at The Star-Ledger of Newark summarized Gov. Christie’s reasons for vetoing the bill here: Read more…

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