“I’ve known Bob Rumson for years and I’ve been operating under the assumption that the reason Bob devotes so much time to shouting at the rain was that he simply didn’t get it.  Well, I was wrong.  Bob’s problem isn’t that he doesn’t get it.  Bob’s problem is that he can’t sell it.” -President Andrew... Continue Reading

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As you may know, I enjoy the cases where the tables are turned – like my colleague Jason Usher’s post on “Union Violates Employee’s Labor Rights” or my blog on “EEOC Sued For Failing to Accommodate Employee’s Disability.” Here’s another. From time to time, my clients have had to deal with lying employees. They lie in... Continue Reading

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Pet Bereavement Leave?

Following up on my last post about menstrual leave, I heard about another odd leave being offered by a few employers – pet bereavement leave (I also saw a reference to “peternity” leave). Unlike menstrual leave, this is not legally required in any country. But apparently it’s not entirely uncommon among those dog-crazy folks in the... Continue Reading

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Menstrual Leave – Really?

Last week, I heard about a British company, Coexist, that is planning to develop a “period policy” to provide menstrual leave to its female employees. As a female employment attorney, I’m a strong believer in equal rights for women, but this notion struck me as so very … odd. Initially, I wasn’t quite sure what to make of... Continue Reading

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Political Paraphernalia in the Workplace

As a follow up to my last post on political discussions in the workplace, I thought it might be helpful to employers to discuss other, material aspects of politics in the workplace – such as campaign posters, flyers, buttons, and clothing. Given that, as we now know, you can ban (most) political speech in the workplace,... Continue Reading

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Well, regardless of your political leanings, it’s definitely been an interesting political season. I have witnessed several heated political discussions among my acquaintances, and even in my family (let’s just say that my crazy teenagers don’t share my political views). Although physical violence has not yet been involved, there has been some nasty name-calling. And... Continue Reading

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Return of the Beast: Religious Accommodation Redeux

Back around Halloween, we offered you a seasonally appropriate and cautionary tale about accommodating an employee’s religious concerns. As we discussed in that blog about the case of EEOC v. Consol Energy, Inc., the employee refused to use a biometric hand scanner because he was afraid it would reveal or imprint the mark of the... Continue Reading

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On January 29, 2016, President Obama announced a series of actions intended to close the gender pay equity gap, including proposed revisions to the EEO-1 form that would require the submission of detailed pay information. As President Obama stated in his press conference, and as set forth in a White House Fact Sheet, “New Steps... Continue Reading

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Employees Staying Over in the Storm – Sleep Time Deductions

With the imminent blizzard of 2016, employers are thinking about work coverage issues. This is of particular concern for those employers who function on a 24-hour basis, like healthcare entities. In order to ensure coverage during perilous travel conditions, some employees may agree to (or even be required to) stay overnight. Obviously, any hours actually... Continue Reading

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According to the federal district court in Mendillo v. The Prudential Ins. Co. of America, the answer is “yes.” But I struggle with this decision, because I think it ties an employer’s hands and undercuts the employer’s right to demand medical information under the Americans with Disabilities Act. In this case, a call center employee... Continue Reading

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