Legal Issues

HR News & Trends, Legal Issues

When You Gotta Go, You Gotta Go – But It May Not Be an ADA Disability

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By Eric B. Meyer

When you gotta go, you gotta go.

In Sanders v. Judson Center, the plaintiff worked for a non-profit human service agency providing services to disabled individuals identified as “consumers.” The plaintiff, who suffered from a heart condition, was prescribed medication designed to get rid of body of fluids.

One night, while transporting two consumers in a van, the plaintiff was overcome with the need to urinate. So, she pulled over at a rest stop to use the bathroom.

The problem was that the two consumers required constant supervision. And, during the plaintiff’s bathroom break, one of the “consumers” wandered off from the van. Read more…

HR News & Trends, Legal Issues

Union Representation Applies to Referrals for Drug/Alcohol Tests

PHoto by istockphoto.com

By Dale L. Deitchler

The National Labor Relations Board in late July ruled that so-called “Weingarten rights” – the general right of a unionized employee to request union representation in connection with an investigatory interview that could lead to discipline – apply when employees request representation after an employer refers them for a workplace drug/alcohol test.

Based on this ruling in Ralph’s Grocery Co., 361 NLRB. No. 9 (2014), the NLRB overturned an employee’s suspension and discharge, finding the actions were inextricably linked to the employee’s request for representation after referral for a drug test, and ordered a make-whole remedy. Read more…

HR Basics, Legal Issues

HR Basics: Here’s the Absolute Wrong Way to Deliver FMLA Notices

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By Eric B. Meyer

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds.

But, if you send Family and Medical Leave Act paperwork to an employee by first class mail, then you’re asking for trouble.

Did you read the headline and think to yourself, “FMLA notice? You mean there’s a notice? You mean, like in our handbook, right?” Read more…

HR News & Trends, Legal Issues

Inappropriate Facebook Posts Doom Employee’s Discrimination Claims

Facebook Logo

By Eric B. Meyer

On the clock or off, when employees do dumb stuff on Facebook, it could cost them their jobs. And, apparently, their discrimination claims against their former employer, too.

Yep, another employee screwed up online. Go figure.

In Brown v. Tyson Foods, Inc., the plaintiff was suspended after her employer learned that a video on Facebook showed her “shaking her tail” and placing money in the shirt of a male co-worker who was performing an “exotic” dance at work. Read more…

Legal Issues, Recruiting and Staffing

San Francisco’s New Hiring Law: It’s “Ban the Box” on Steroids

123RF Stock Photo

Things aren’t getting any easier for employers in California.

As I posted way back in February, San Francisco has banned the box. Effective next week, Aug. 13, 2014, employers in the city   of San Francisco may no longer inquire about criminal history on employment applications or during interviews.

It’s Ban the Box on steroids, and it may be coming soon to a city near you. Read more…

HR News & Trends, Legal Issues

Yes, It’s Wrong to Disclose Employee Medical Info on Facebook

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By Eric B. Meyer

Yes, disclosing an employee’s medical info on Facebook is stupid, plus, it may violate the Americans with Disabilities Act, too.

In Shoun v. Best Formed Plastics, Inc., the plaintiff allegedly suffered a bad shoulder injury at work. And, after the plaintiff reported it, the person who processed worker’s compensation claims for his company, posted the following on her Facebook page:

Isn’t [it] amazing how Jimmy experienced a 5 way heart bypass just one month ago and is back to work, especially when you consider George Shoun’s shoulder injury kept him away from work for 11 months and now he is trying to sue us.” Read more…

HR News & Trends, Legal Issues

NLRB General Counsel Goes After McDonalds and Business Franchises

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By Michael J. Lotito

In a move that could have a dramatic impact on the franchise business model, National Labor Relations Board General Counsel Richard Griffin has announced that his office intends to name a parent franchisor as a respondent in cases involving alleged unfair labor practices committed by franchisees if the parties are unable to reach a settlement.

According to the Board, the agency is currently investigating the various charges, and may name the franchisor company — fast food giant McDonalds  – as a joint employer should a complaint be issued. Read more…

HR News & Trends, Legal Issues

Court: No 1st Amendment Protection For Teacher Trash-Talking Online

Natalie Munroe

By Eric B. Meyer

Do you remember Natalie Munroe?

She’s the teacher who enjoyed a cup of coffee in the spotlight a few years ago after getting suspended for bashing her students on her personal blog.

Among other things, she described her students as argumentative f*cks who may engage in Columbine-style shootings.

Out of all this, back in June of 2012, she sued her employer, alleging that her employer deprived her of First Amendment constitutional rights. Read more…

HR News & Trends, Legal Issues

A Supervisor-Subordinate Romance Isn’t Necessarily Discrimination

Office romance

By Eric B. Meyer

Over the weekend, I read this case (Clark v. Cache Valley Electric Co.) in which a male plaintiff alleged discrimination because his supervisor was allegedly schtupping a female subordinate and treating her better.

(The court said “voluntary romantic affiliation,” but why say in three words, what you can say in one?)

Specifically, the plaintiff alleged that, in exchange for putting out, his female co-worker received better job assignments, bonuses, and other working conditions. Read more…

HR Management, Legal Issues, Webinars

TLNT Webinar – EEO Compliance: How to Avoid Discrimination in the Workplace

Most employers are well aware that they must prevent discrimination in the workplace, yet, within the past 5 years, the Equal Employment Opportunity Commission (EEOC) received the highest number of charges of discrimination and retaliation in its 50+ year history.

From an employer’s perspective, settlement costs to resolve an EEOC claim fade in the face of additional, often unrecorded, costs to the employer’s organization, such as the potential loss of employee morale or the employer’s reputation. This webinar will show you how to avoid these costs by teaching you:

  • What qualifies as discrimination under the EEOC
  • Which laws are enforced by the EEOC
  • How to stay in compliance with those laws
  • What an employer’s obligations are, including EEOC posting requirements
  • And more

Attend this webinar to learn the strategies needed to prevent EEOC claims and protect your organization from lawsuits and fines

Date/Time of Webinar: August 19 2014 at 2:00 pm Eastern/11 am Pacific

Registration Link: https://cc.readytalk.com/r/wozdirtjzmme&eom

Sponsor: PosterTracker