legal issues

How Do You Deal With a Quadriplegic Welder’s ADA Discrimination Claim?

By Eric B. Meyer Yeah, I thought you’d click on this one. From the blog that brought you the Americans with Disabilities Act claims of the bridge worker with a fear of heights, the firefighter afraid of fighting fires, and the utilityman who couldn’t climb utility poles, comes the quadriplegic welder and his claims of disability discrimination….

Systemic Discrimination: It’s Also When You Prefer to Hire Women Over Men

By Eric B. Meyer Preferring to hire women instead of men? Yeah, that’s called discrimination. Unless, of course, you’re filling server positions at Hooters. But, I’m not going there today. Instead, the genesis of today’s post is an article I read last by Stan Parker in Law360. Mr. Parker reports that the U.S….

Your Agency Needs a Policy Manual Like This One

Okay, everyone . . . Because you need this yesterday, here’s a sample policy manual. Whether it’s payment of commissions, conduct on the job, or termination of employees, the law looks to whether you provided sufficient notice to them of what to expect. Only about 10% of the staffing offices have a policy…

Does Firing an Alcoholic Employee Violate the Law?

By Eric B. Meyer Back in October, the University of Southern California fired Steve Sarkisian, its head football coach. USC fired Sarkisian after various incidents where he appeared drunk, including during a speech at a pre-season USC football event. Yesterday, Sarkisian fired back with a 14-count lawsuit in California Superior Court. The lawsuit includes claims…

Will Hiring a Minority Get You Out of a Discrimination Claim?

By Eric B. Meyer Can you eliminate discrimination claims by hiring minority replacements? Yeah, no. When a person claims that he wasn’t promoted because of his race, or terminated because of her gender, or brings some other claim of disparate treatment, that person must demonstrate several elements: For example, in a failure-to-promote case, at…

Yes, a Florida Court Just Ruled That HIV is NOT an ADA Disability

By Eric B. Meyer Yesterday, the EEOC issued two new publications on the rights of HIV-positive individuals in the workplace. As EEOC Chair Jenny Yang underscored, Individuals with HIV infection should know that the ADA protects their rights in the workplace, including the right to reasonable accommodations.” The implication here is that HIV…

Help Me Collect on My Split-Fee Commission

Having a problem collecting? Wondering about your non-compete agreements? Should you check references and do background checks? Jeffrey Allen can help Email him your toughest questions and get the kind of help you need now! Click here to reach Jeff. Hello Jeff, Thank you for helping those in the recruiting industry understand our…

The Serious (and Costly) Risks You Run by Using Unpaid Interns

By Louise Truong The scene is well-known and well-played out in movies, TV shows, and books: A young, haggard intern hurriedly fetches coffee, makes copies, and run errands for her boss. In exchange, she gets first-hand knowledge and exposure in a glamorous field, such as the fashion world, the movie business, or the…

Should You Send Out Temps During A Strike?

Having a problem collecting? Wondering about your non-compete agreements? Should you check references and do background checks? Jeffrey Allen can help Email him your toughest questions and get the kind of help you need now! Click here to reach Jeff. We get the question all the time: Should I send out temps during…

Is Denying an Attempt to Rescind a Resignation Just Workplace Retaliation?

By Eric B. Meyer Is it possible that denying an employee’s attempt to rescind her resignation may actually be … retaliation? OK, not exactly. According to the New Orleans-based Fifth U.S. Circuit Court of Appeals in Porter v. Houma Terrebonne Housing Authority, it went more like this: Tyrikia Porter worked for the Houma Terrebonne…

New Labor Department OT Rules May Be Delayed Until End of 2016

By Eric B. Meyer Is there a delay in the new U.S. Department of Labor Overtime rules? Lauren Weber of The Wall Street Journal reported that Solicitor of Labor, Patricia Smith, told an audience at the American Bar Association Labor and Employment Law Conference in Philadelphia that the Department of Labor’s proposed changes to the…

Here’s What Is Important About the Latest EEOC Guidance on Wellness Programs

By Eric B. Meyer The EEOC  — the Equal Employment Opportunity Commission — has issued proposed rules on the Genetic Information Nondiscrimination Act (GINA), and its impact on your employer wellness programs. Remember, GINA? That’s the newish federal law that generally precludes employers from obtaining genetic information about employees. But, there’s an exception to the…

Is Playing Hooky to Attend Kelly and Michael Live Worth Getting Fired Over?

By Eric B. Meyer When it comes to daytime television, personally, I’m more into The View.  [Disclaimer: This post involves an employer client of mine. However, I was not involved in this particular action]. Here’s the thing: If you’re going to play hooky, try not to have clips of it on YouTube. The…

A Sobering Lesson: Why HR Needs to Be Up to Date on Accommodation Requests

By Eric B. Meyer It was the bottom of the first page of this recent federal court opinion in EEOC v. Star Transport, Inc. really grabbed my attention: In December 2008 or January 2009, Edward Briggs became Star Transport’s Human Resources Manager. He received no training on anti-discrimination laws, was not aware of…

The Top 5 Reasons Why Employees Sue Their Boss

Why do people sue their boss? Most people would guess “money,” but that is dead wrong. I’m a plaintiff’s employment lawyer and over the last few years I’ve talked to thousands of people about why they want to sue their former employer. In doing so, I’ve learned that employees sue for a variety…

Your Job Order and Fee Agreements Are NOT Contracts

Hi Jeff, I am a business consultant to an owner of a recruiting company specializing in real estate property managers. The big problem that she has been having for the last two years has been non-payment of contingency placement fees. Researching the law has been very difficult because relevant published cases are hard to…

Is Attendance at Work Truly Essential Under the ADA?

By Eric B. Meyer The regulations to the Americans with Disabilities Act include a non-exhaustive list of reasonable accommodations that may apply to allow an employee with a disability to perform the essential functions of the job. The list includes: Job restructuring; Part-time or modified work schedules; Reassignment to a vacant position; Acquisition…

Read This Before You Sue

Placement law has really changed. It used to consist of contract and labor law — good-faith agreements interpreted differently, arguments over wages, or other items that arise in business transactions. The parties know each other, the dispute centers around money, and the amount is known. Litigation is a gamble, but legally it’s more…

Bernie Sanders Brings Back the Employee Free Choice Act (aka Card Check)

By Eric B. Meyer Remember the Employee Free Choice Act? Back in 2009, the Employee Free Choice Act, also known as “card check,” was introduced in both houses of Congress. The bill had three components: Requiring that an employer recognize a union if over half of the employees in the proposed bargaining unit signed…