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

Oregon Social Media Workplace Law: Just a Solution in Search of a Problem

social media privacy

By Eric B. Meyer

Forcing job applicants to disclose social media logins and passwords as a condition of employment is so 2013 — kinda like this crappy blog.

So, the State of Oregon is this close to becoming the first state to expand its social media workplace privacy law to forbid employers from requiring their employees or job applicants to have personal social media accounts as a condition of employment.

You can read a copy of the bill here. Read more…

Legal Issues

Here’s Why You Need to Take All Forms of Discrimination Seriously

eeoc3

By Eric B. Meyer

Here are 100,000 reasons to take all forms of discrimination seriously. And, that includes discrimination against men.

Remember my January post about the EEOC suing Ruby Tuesday, alleging that the restaurant chain discriminated against male employees for temporary assignments? Well, that case just settled for $100K!

But, wait! There’s more… Read more…

HR Management, Legal Issues

Will You Be Forced to Pay Overtime For Employee Smartphone Use?

123RF Stock Photo

By Eric B. Meyer

“Once is happenstance. Twice is coincidence. Three times is enemy action.

(I’m pretty sure that was from Ferris Bueller’s Day Off)

This week, in The Wall Street Journal, I read Lauren Weber’s article Can You Sue the Boss for Making You Answer Late-Night Email? And the answer is yes, provided that you are a non-exempt employee under the Fair Labor Standards Act and the time you spend answering that email is more than a few minutes a week. Read more…

HR News & Trends, Recruiting and Staffing

Survey: Hiring Managers Doing More Candidate Trolling on Social Media

123RF Stock Photo

By Eric B. Meyer

I read different surveys about social media and hiring and the numbers vary greatly.

For every survey that indicates that employers are not using social media to vet candidates, you get the one I read last night from CareerBuilder.com, which reports that “52 percent of employers use social networking sites to research job candidates, up significantly from 43 percent last year and 39 percent in 2013.” Read more…

HR Management, Legal Issues

Some 58,000 Reasons Telework Could Be a Reasonable Accommodation

telephone recruiting

By Eric B. Meyer

Telework is among the array of possible reasonable accommodations under the Americans with Disabilities Act that may enable an employee with a disability to perform the essential functions of the job.

Now, as a federal appellate court confirmed last month, there are situations in which telework is not a reasonable accommodation; namely, where attendance and face time are essential functions of the job. But, other times, telecommuting may be just what the doctor ordered.

When employers try to play the role of doctor, well, that’s when problems ensue. Read more…

HR News & Trends, Talent Management

A Hard Lesson For Starbucks About Customers, Employees, Social Media

Starbucks

By Eric B. Meyer

Raise your hand if you don’t own a smartphone.

According to Pew Internet Project research, 64 percent of American adults own smartphones. And that’s just the adults.

So, it should come as no surprise that, in the brief amount of time it takes someone to pull a phone of a pocket, bring it to life, pull up a camera app, and hit record — five seconds maybe — anything you (or your employees) do in public can be stored and shared. Read more…

HR Basics, Legal Issues

What Must an Employee Do to Get FMLA Leave?

FMLA_poster

 By Eric B. Meyer

Now, let’s talk about notice under the Family and Medical Leave Act.

Specifically, in those situations in which an employee doesn’t use the letters F-M-L-A, what can that employee say or do to still qualify for leave?

Well, in Festerman v. County of Wayne, a police officer left work one day with chest pains and shortness of breath and was transported to the hospital. Five days later, he returned to work and submitted an incident report, which was passed along to both HR and Benefits Administration. Read more…

Legal Issues

Yes, 2 Racial Slurs in 24 Hours Can Cause a Hostile Work Environment

Hostileworkenvironment11

By Eric B. Meyer

Last year, I channelled Bill Clinton in this blog post about how courts rarely recognize a single incident or two as creating what the law deems a hostile work environment.

Yeah, about that.

Even a few isolated comments can create a hostile work environment. Read more…

HR Management, Legal Issues

Here’s the Completely Wrong Way to Respond to Harassment Complaints

Sexual harassment

Editor’s Note: Weekly Wrap has been pre-empted by spring conference travel season. It will return soon. 

By Eric B. Meyer

Folks, let me give you little free Friday HR pro tip:

If a female employee complains to a female manager that another male manager is sexually harassing her, it’s not OK for the female manager to respond thusly,

He’s a guy and you work with guys. Ignore it and smile.” Read more…

Legal Issues, Talent Management

Reducing Workplace Stress: Reasonable Accommodation Under the ADA?

© apops - Fotolia.com

By Eric B. Meyer

Isn’t the Americans with Disabilities Act fun?

Oh, right, it’s the federal employment law that y’all voted that keeps you up most at night. ADA garnered 30 percent of the votes in yesterday’s blog post of a poll. The FMLA (Family and Medical Leave Act) and FLSA (Fair Labor Standards Act) tied for second with 23 percent of the vote each.

So, how about today’s puzzler? How the heck do you reduce workplace stress to reasonably accommodate an employee with a disability. Well, in many cases, I’m pretty sure the answer is you can’t. Read more…