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 News & Trends, Legal Issues

Four Ways to Successfully Defend a Claim Under the Equal Pay Act

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By Eric B. Meyer

In the 2 1/2 years of writing this blog, I’ve never had a post on the Equal Pay Act  – until now.

The Equal Pay Act requires equal pay for equal work on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. Any wage discrimination on the basis of sex violates the Act.

The EEOC celebrated “Equal Pay Day” last week. So, now is as good a time as any to address the Act through this recent case from the Third U.S. Circuit Circuit Court of Appeals. Read more…

HR News & Trends

Some of the Most Unusual Things Bosses Ask Employees To Do

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By Eric B. Meyer

Yesterday, CareerBuilder released its list of the 15 of the most unusual things that bosses have asked employees to do.

I’ve had a lot of rough, odd jobs in my lifetime, and I consider myself lucky — requests made of me only made the list twice.

OK. Seven.

Yep, seven. At any rate, here is the the Careerbuilder list: Read more…

HR Basics, Legal Issues

Are Rarely Performed Job Functions “Essential” Under the ADA?

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By Eric B. Meyer

You run a delivery service using large trucks and require that drivers be qualified by the U.S. Department of Transportation. Although your facility managers aren’t often behind the wheel of the big rigs, you nonetheless require that they too be DOT certified.

One day, a manager with a disabling eye injury comes to you and asks for an accommodation under the Americans with Disabilities Act: to be excused from driving trucks so that he may focus on “managing.”

Assuming that no other reasonable accommodation exists, must you give it to him? Read more…

Legal Issues

Why It’s Important to Address Sexual Stereotypes on the Job

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By Eric B. Meyer

Many states and localities have laws forbidding discrimination on the basis of sexual orientation (LGBT).

But federal law does not prohibit it.

What federal law (Title VII of the Civil Rights Act of 1964) does make unlawful, however, is stereotyping based on a person’s gender non-conforming behavior (i.e., a man who appears effeminate, or a “manly” woman). As a Virginia federal court re-emphasized last week, sex stereotyping is central to all discrimination: Read more…

HR News & Trends, Legal Issues

Leave as an ADA Accommodation: When Is Enough, Enough?

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By Eric B. Meyer

Unquestionably, when it come to tackling the Americans with Disabilities Act, one of the biggest issues affecting the workplace and accommodating disabled employees is providing leave as a reasonable accommodation. And, a question that plagues most employers is just how much leave is enough?

We know that an indefinite leave of absence is not a reasonable accommodation. But, what about when an employee takes one leave, after another, after another.

The Eleventh U.S. Circuit Court of Appeals in Atlanta offered some guidance recently in Santandreu v. Miami Dade County. When an employee is uncertain about the duration of his condition, a leave of absence is not a reasonable accommodation: Read more…

HR News & Trends, Legal Issues

Employee Fired For Tweeting Complaints About Discrimination

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By Eric B. Meyer

Is this Retaliation 2.0?

Two weeks ago, Adria Richards attended an industry conference at which she overheard sexual jokes from two attendees sitting behind her during a session. So, she complained — on Twitter.

And then she blogged about it. The social-media complaints resulted in one of the joke tellers getting fired. And, last Wednesday, Ms. Richards tweeted that her employer supported her. Read more…

Legal Issues

Are Your Social Media Policies Educating Workers About Social Media?

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By Eric B. Meyer

Your social media policy may be good when it comes to addressing legal risks. But getting that message across to your employees…

Not so much, according to a recent survey from consulting and internal audit firm Protiviti.

The Protiviti survey shows that more businesses are addressing employee use of social media — 57 percent of respondents have social media policies. And, generally, those social media policies do a good job of addressing legal risks. Read more…

HR Basics, Legal Issues

What Happens When a Harasser Files a Claim of Retaliation?

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By Eric B. Meyer

An EEOC complaint is not your free pass to goof off at work.

Or sexually harass your co-workers.

Gary Vaughn found out the hard way.

After he filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission, he spent the next two years sexually harassing a female co-worker — to the point whether she took out a restraining order against him and filed her own Charge of Discrimination in which she alleged that Mr. Vaughn had sexually harassed her. Read more…

HR Insights, HR Management

Do You Know How to Pay Employees For Daylight Savings Time Work?

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By Eric B. Meyer

This Sunday, Daylight Savings Time begins, as we push the clocks forward one hour at 2:00 am on March 10, 2013.

Did someone say Clocks?

How does the time change affect the manner in which you pay hourly non-exempt employees who work the graveyard shift? I’ll let the U.S. Department of Labor explain: Read more…

Legal Issues, Recruiting and Staffing

Proposed Bill Would Ban Credit Checks on Employees and Applicants

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By Eric B. Meyer

Yesterday, I discussed some pending federal legislation that would expand the FMLA to cover part-time employees.

Now, I hear that another bill introduced in the U.S. House of Representatives, known as the Equal Employment for All Act, would amend the Fair Credit Reporting Act (FCRA) to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions.

You can download a copy of the Equal Employment for All Act here. Read more…