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

S. Carolina Banning State Employees From Using Social Media at Work

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By Eric B. Meyer

One state is banning personal use of social media at work.Wait, seriously?

Yep. No employee of the State of South Carolina will be allowed to use social media on the job, “unless specifically required by the agency to perform a job function.”

Cassie Cope at TheState.com first reported this news. According to the State Employee Code of Conduct Task Force report, the new rule is designed to provide “clear, easy to understand guidance to state employees and will provide the public with greater trust and confidence in state government” and to curtail waste of state resources. Read more…

HR News & Trends, Legal Issues

NJ Court’s Independent Contractor Test Assumes Workers Are Employees

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By Eric B. Meyer

The New Jersey Supreme Court just fashioned a test to determine whether a worker is an employee or an independent contractor for purposes of resolving a wage-payment or wage-and-hour claim.

On Wednesday the Court, in this opinion, concluded that the “ABC” test, a creature of the New Jersey Unemployment Compensation Act, will determine whether plaintiff is an employee or an independent contractor for purposes of resolving a wage-payment or wage-and-hour claim.

The applicable Unemployment Compensation Act provision speaks in terms of control. The law presumes that an individual is an employee. It’s then up to the company to prove otherwise; i.e., that the individual is an independent contractor. Read more…

Benefits, HR News & Trends

President Calls For Paid Sick Leave For All American Workers

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By Eric B. Meyer

In an announcement made late Wednesday on LinkedIn, Valerie Jarrett, Senior Advisor to President Barack Obama, posted that President Obama will call upon Congress today to pass the Healthy Families Act.

I’ve blogged about the Healthy Families Act before here. Essentially, the Healthy Families Act would require companies with 15 or more employees to permit each employee to earn at least one (1) hour of paid sick time for every 30 hours worked. Read more…

HR News & Trends, Legal Issues

Court OKs Firing of Public Employee Who Criticized Boss on Facebook

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By Eric B. Meyer

You know all that stuff you read on the Internet about employees who can badmouth their boss on the Internet, all in the name of free speech, and not get fired for it?

Yeah, about that.

Here’s a recent opinion from the Fifth U.S. Circuit Court of Appeals in New Orleans about a 25-year police sergeant, a public employee, whose First Amendment freedom of speech rights were not violated when she was fired for posting Facebook comments, which were critical of her boss. Read more…

HR News & Trends, Legal Issues

Is Transexual Discrimination Legal? One Company Says That It Is

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By Eric B. Meyer

Over the weekend, I joined a Facebook thread discussing a recent federal court complaint filed in Texas by a former Saks employee, Leyth O. Jamal (Jamal V. Saks).

Ms. Jamal claims that Saks violated Title VII of the Civil Rights Act of 1964 by discriminating against her because she is transsexual.

Saks claims that the complaint lacks merit because Title VII doesn’t prohibit discrimination against transgender employees. Read more…

HR News & Trends

SHRM, U.S. Chamber Sue to Block NLRB “Quickie” Election Rules

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By Eric B. Meyer

It’s on now!

Yesterday, the U.S. Chamber of Commerce announced that it had filed a complaint in federal court against the National Labor Relations Board to strike the NLRB’s election rules, passed last month, which would create faster union elections.

Joining the Chamber as plaintiffs in the lawsuit are the Coalition for a Democratic Workplace (CDW), National Association of Manufacturers (NAM), National Retail Federation, and the Society for Human Resource Management (SHRM). Read more…

HR News & Trends, Legal Issues

Does the ADA Require a Transfer Away From a Jerk Boss?

no jerks

By Eric B. Meyer

Whether you have a disability under the Americans with Disabilities Act, or not, work can suck. Bosses can be jerks.

But, if an employee with a disability requests a transfer away from a jerk boss, must the company provide it?

Before determining whether a transfer is a reasonable accommodation, we need to get into the interactive dialogue. Read more…

HR News & Trends, Legal Issues

An Interactive Process Can Help Resolve ADA Accommodation Claims

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By Eric B. Meyer

So just how did an employer snatch victory from the jaws of defeat after botching a diabetic employee’s request to work a modified schedule?

Back in 2011, the EEOC announced that it had sued Kohl’s Department Stores for disability discrimination. The EEOC claimed that Kohl’s “refused to accommodate a diabetic employee’s request for a regular schedule and forced her to quit.”

Allegedly, when the employee told Kohl’s “that the scheduled hours could kill her, its store manager laughed and told her that she would not accommodate her.” So, the employee had no choice but to resign her employment to protect her health. Read more…

HR News & Trends, Legal Issues

NLRB Pushes Through Rule Allowing “Quickie” Union Elections

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By Eric B. Meyer

Cue the haters.

Following a decision earlier last week permitting employees to use company email to badmouth you and unionize, the National Labor Relations Board ended last week by passing a new rule, which, in its words, updated “its representation-case procedures to modernize and streamline the process for resolving representation disputes.”

In other words, faster union elections and more of ‘em.

Here are details on this new rule and what employers can do about it: Read more…

Legal Issues

Why That NLRB Ruling About Employee’s Using Email is No Big Deal

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By Eric B. Meyer

The National Labor Relations Board says that your employees can use company email to badmouth you and unionize.

Well, here are four reasons why it’s no big deal.

Yes, that’s right — it’s NO BIG DEAL. Read more…