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

Benefits, Legal Issues

EEOC Unveils Its Proposed New Rules For Wellness Programs

From the HR blog on TLNT: workplace wellness

By Eric B. Meyer

More eagerly anticipated that the premiere of Paul Blart: Mall Cop 2, the Equal Employment Opportunity Commission yesterday released its proposed new rules on wellness programs.

If you want to have an employee wellness program that complies with the Americans with Disabilities Act, here are five (5) things the EEOC wants you to do:  Read more…

HR News & Trends, Legal Issues

Fired for Sex Jokes, Man Claims Disability Act Violations Instead

ADA-Sign

By Eric B. Meyer

As I resist every urge to cheapen this post further by resorting to silly puns and other double entendre, allow me to set the stage of this case for you:

The plaintiff was an auto technician in the vehicle install bay at a large electronics store. According to the court’s opinion (in Sharp v. Best Buy Co., Inc.), he was familiar with the store’s zero tolerance policy for sexual harassment. Through his doctor, the plaintiff, who had narcolepsy and cataplexy, requested no shift work. With one scheduling exception, the store accommodated him.

About a year later, one of the plaintiff’s female co-workers accused him of sexual harassment. The allegations revolved around comments from the plaintiff regarding the victim and the act of fellatio. Read more…

HR News & Trends, Legal Issues

Is Telecommuting a Reasonable Accommodation Under the ADA?

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By Eric B. Meyer

If you’re in a rush, I’ll hit you with the punchline and save you the trouble of reading a 1,000 plus word blog post:

Telecommuting may be a reasonable accommodation under the Americans with Disabilities Act, except where regular attendance is an essential function of the job.

For those of you with a few minutes to spare, today’s post springs from a case, a saga really, involving the U.S. Equal Employment Opportunity Commission and the Ford Motor Company. And since I have a few good employer takeaways at the end — hey, don’t skip all the way through! — today’s post is worth the time. Read more…

HR News & Trends, Legal Issues

EEOC: Bathroom Restriction on Transgender Employee Was Discrimination

discrimination

By Eric B. Meyer

Exactly one month ago, I addressed what many consider to be the elephant in the room when it comes to transgender employees: Bathroom use.

On Wednesday, EEOC Commissioner Chai Feldblum fired off a series of tweets (1, 2, 3, 4, 5, 6, 7) to lawyers representing employers and employees. Below (and here) is the one she sent to my side of the bar: Read more…

HR Basics, Legal Issues

HR Basics: When Do You Have to Pay Your Employees For Travel Time?

123RF Stock Photo

By Eric B. Meyer

Let’s start this post off with a disclaimer:

I’m going to address travel time under the Fair Labor Standards Act. Many of you folks live in crazy states, like New York, that have more lenient state versions of the FLSA.

I’m not giving any advice about state laws or local laws. Heck, I’m not giving any legal advice at all. The blog’s general disclaimer applies with equal force to this post. Read more…

HR News & Trends, Legal Issues

When an Employee Tosses Banana Peels and Claims Discrimination

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By Eric B. Meyer

Where do I find these cases I write about, you ask? I ain’t telling.

But seriously, this case (Ennis v. Del. Transit. Corp.) isn’t so much about the particular facts …

  • White employee tosses banana peels at work.
  • Black employees complain of racism. Read more…
HR News & Trends, Legal Issues

Here’s Why You Should Never Put “Health Reasons” on a Termination Form

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By Eric B. Meyer

Happy Monday, everyone.

Glad to see I didn’t break some of your content filters on Friday with my filthy NLRB post. But, hey, just another day in the interesting life of an employment lawyer/HR professional, right?

Today, I bring you a very simple lesson, courtesy of the Philadelphia-based Third U.S. Circuit Court of Appeals, from right here in my backyard. Read more…

HR News & Trends, Legal Issues

NLRB: Employee’s Vicious, Foul Facebook Post Not Grounds For Firing

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By Eric B. Meyer

By now, all of us have read the articles, which claim that the law permits your employees to complain about work on social media — and keep their jobs.

Well, that’s not exactly true. The National Labor Relations Act, which applies to most private-sector workplaces — both union and non-union — protects employees who engage in protected concerted activity. Protected concerted activity is where employees discuss working conditions with one another.

But, an employee who gripes alone is not protected. Also, vulgar and obscene comments are not protected.

Until now. Read more…

HR News & Trends, Legal Issues

An Ex-Employee Takes the Password to the LinkedIn Page — Now What?

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By Eric B. Meyer

Your company has set up a private LinkedIn Group.

Your company, which controls who may become a member of the Group, has seen the number of Group members swell to nearly 700. Way to go! Because it’s a private group, the names of all of the group members are not generally available to the public.

Now, let’s say that the employee whom you have appointed to manage the LinkedIn Group — the one who knows all the passwords — up and leaves. And, of course, he doesn’t return the passwords. What can you do? Read more…

HR News & Trends, Legal Issues

Can an Employer Be Blamed For Employee Who Is Unfit to Work?

Andreas Lubitz

By Eric B. Meyer

One week ago today, a Germanwings plane carrying 150 people crashed and killed everyone on board.

Since then, there is mounting evidence that the co-pilot, who was in great physical shape, was also suffering from mental illness which caused him to deliberately steer Flight 9525 into the French Alps.

Why didn’t Germanwings taken preventative steps? Apparently, the co-pilot hid his mental illness from his employer. Read more…