Eric B. Meyer

About the Author

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 .

Can You Enforce the Confidentiality of Employee Settlements?

A reader emailed me yesterday. “Hey Eric, Clients are wondering about value of settlement NDAs after ex-Fox News HWE victims go public despite contracts. Your reaction?” Wait! You mean employees actually violate confidentiality provisions? I know, right? By way of brief background, in late July, New York ran a story by Gabriel Sherman, suggesting a…

What Does the ADA Require For a Mental Health Episode At Work?

My skin crawls thinking about the Google search terms that will land some HR professionals on this post, which involves a failed suicide attempt. Hopefully, this is not a practice tip upon which you’ll need to draw in the course of your HR career. But, just in case… In a recent opinion, the Seventh…

The 3 Biggest Compliance Worries You Should Be Worrying About

I came across Littler Mendelson’s Executive Employer Survey Report, which “examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from 844 in-house counsel, human resources professionals and C-suite executives from a range of industries.” What has respondents losing sleep at night? From the executive…

EEOC Settles First Sexual Orientation Lawsuit

In early March, the U.S. Equal Employment Opportunity Commission filed its first lawsuits, in which it alleged that employer had violated Title VII by discriminating based on sexual orientation. Late last week, one of those lawsuits settled. (A second, against Scott Medical Health Center, is pending.) Dani Kass from Law360 reports here that the EEOC…

How a Good Job Description Helped An Employer Win

Since all of you have mastered reasonable accommodations under the Americans with Disabilities Act, this post seems rather unnecessary. Oh, that’s weird. Why is there smoke billowing from my blog servers? Qualified individuals and essential job functions Under the Americans with Disabilities Act, an employer must make a reasonable accommodation to the known disability of a qualified individual if it would…

Court Decisions Now Mixed on Worker Arbitration Clauses

As I think about all of the agreements with arbitration provisions that I’ve drafted for clients over the years. ***wipes brow, tugs collar, clutches pearls***  Certain arbitration agreements may blunt certain federally-protected rights employees have to discuss working conditions with one another. The National Labor Relations Board is not fond of agreements in which an…

The New Rules for Wellness Plans In A Nutshell

The U.S. Equal Employment Opportunity Commission announced here that it had issued issued final rules on how the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act apply to employer-sponsored wellness programs. So, what do y’all need to know about the EEOC’s new rules on employer wellness programs? (No one ever accused me of burying the lede.) What’s…

There’s a New EEOC Resource To Help You With Your ADA Issues

This week, the U.S. Equal Employment Opportunity Commission announced here that it had released a new resource document entitled Employer-Provided Leave and the Americans with Disabilities Act. It’s a document for employers and employees alike, which addresses the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with Disabilities Act of…

EEOC Says Transgender Employees Can Choose Their Bathroom

Around this time last year, I blogged here about OSHA’s Guide to Restroom Access for Transgender Workers. According to OSHA, “all employees should be permitted to use the facilities that correspond to their gender identity.” And, it’s up to the employee to determine for him- or herself “the most appropriate and safest option.” It…

A Sobering Video Reminder That Sexual Harassment is Still a Workforce Issue

By Eric B. Meyer Most of you have probably seen or heard about Mean Tweets from Jimmy Kimmel Live! That’s the segment where celebrities stand in front of the camera with smartphone in hand awkwardly reading the snippets of vitriol that Twitters users can spew about them in 140 characters or less. The…

It’s Amazing What May Pass For Age Discrimination These Days

By Eric B. Meyer Wait! Another age discrimination post? Yep. Because I want to juxtapose a constant barrage of age-related comments from non-decision makers with a situation in which a few stray, marginally age-related comments from the shot-callers can create a viable age discrimination. The case is Tighe v. BAE Systems. BAE Systems employed Dr….

“Stray Remarks” by Co-Workers Don’t Constitute Age Discrimination

By Eric B. Meyer I’ve written a bunch about the deep doo-doo in which employers often find themselves whenasking about retirement or referring to an employee as “old man” or “old mother******.” So, for sure, you’d think that 20 comments over the course of several months at work ranging from “old man” to…

HR Outsource Provider TriNet Hit by $1 Million Fine For OT Violations

By Eric B. Meyer The U.S. Department of Labor announced this week that “a human resources outsource provider will pay $1 million in back overtime wages and damages combined to hundreds of employees after a U.S. Department of Labor investigation that found widespread Fair Labor Standards Act violations.” So what did a human resources outsource…

No, Moving an Employee to a Higher Paying Job Is Not Discriminatory

By Eric B. Meyer Reading yesterday’s post about religious accommodations and Flying Spaghetti Monsters may have had you rolling your eyes like — who is that old guy? Tony Danza? Just kidding, I know my ’80s TV. It’s Corbin Bernsen. Keeping with the topics of accommodations and eye rolling, I recently read this opinion…

How Far Must You Go to Accommodate Wild Religious Beliefs?

By Eric B. Meyer Most employment lawyers — especially us blogger types — are never at a loss for a good war story. Like that time I sat through the deposition of a construction site employee who testified about how the walls of the control room were covered ceiling-to-floor with porn. Not a single…

Pennsylvania Is Legalizing Medical Marijuana: What Employers Need to Know

By Eric B. Meyer Pennsylvania is about to become the second Commonwealth in the United States to legalize medical marijuana. (23 states — la di da, states — plus the District of Columbia currently allow it) Does this mean that employees with migraines can puff vape pens and eat Cheetos in your break rooms at…

What You Need to Make Sure to Acknowledge in Your Employee Handbook

By Eric B. Meyer Right around the time that email subscribers to this blog receive today’s post, I’ll be sitting on an “Ask the Expert” legal panel at the Lehigh Valley Chapter of SHRM saying lawyerly stuff like: “It depends,” and “I’ll get back to you on that,” and “Are you serious, or just asking for a…

Permanent Light Duty Is NOT a Reasonable Accommodation Under the ADA

By Eric B. Meyer The Americans with Disabilities Act requires employers to provide a reasonable accommodation to an individual with a disability, if doing so will allow that person to perform the essential functions of the job. Temporary light duty? Yep, that’s a reasonable accommodation. But, what about permanent light duty? Last night, I…

Can an Employer Rescind a Job Offer Because of a Genetic Test?

By Eric B. Meyer A received a number of emails following my blog post, “Can you refuse to hire a person whom you fear may have a future disability?” One of the more substantive emails was worthy of setting the table for today’s post: There’s an employer in my area that requires every employee to…