The Employer's Lawyer

Employer Policies

To Delete, Or Not To Delete

Two recent cases, one from the plaintiff’s side and one from the defendant’s side, highlight the importance of following information retention requirements. Recently, Heather Painter learned a difficult lesson about deleting. Ms. Painter claimed that her boss, a dentist, sexually harassed her. After filing her lawsuit, she deleted some Facebook comments that (allegedly) said she…

Weeding Out the Medical Marijuana Issues

Alright, alright, alright… After a very entertaining and high-ly informative #nextchat about medical marijuana in the workplace, I started thinking about some of the points made today and decided that I’d like to expand on some of the ideas thrown around.  And I’ll  try to avoid more bad jokes and puns, but no promises… The…

Why Not Move Away From Geographic Limits in Non-Competes?

If your employees have access to sensitive or confidential information, it’s likely you required your employees to sign non-competition agreements. Pennsylvania courts don’t look favorably on non-competes and, as a result, they have placed certain limitations on the ways employers can limit their former employees. In the words of Pennsylvania courts, a non-compete must be…

Embrace the Madness

A few years ago, I wrote about the effect March Madness has on productivity and your options for mitigating the inevitable distractions.  Apparently not many of you were listening, because the Society for Human Resources Management reports that 81 percent of employers do not have a policy regulating office pools. Allowing, or turning a blind…

Sometimes DIY Is Not The Answer

I am a huge fan of do-it-yourself.  I’ve changed the oil in my car since I turned 16.  When our dining room table was too small for a family Thanksgiving and we couldn’t afford the ones we liked, I built a new table.  In fact, just a few days ago, I had to grab a…

Tight Rope Walking: Social Media Policies and the NLRB

I’ve written about technology and social media before, and how they are continually impacting your business. Social media, particularly, plays a huge role in your employees’ lives. And if you think they’re not accessing social media throughout the day, including work hours, I have a bridge in Brooklyn to sell you. Over the last few…

What Does the EEOC Suit Against CVS Mean For You?

EEOC

On February 7th, the EEOC announced that it was filing suit against CVS, alleging that CVS used a severance agreement that interfered with an employee’s right to file discrimination charges or communicate and cooperate with the EEOC. In short, the EEOC is challenging the use of a number of provisions used in most severance agreements.…

Exceptions for Docking Exempt Employee Pay

Paycheck.cartoon

The Fair Labor Standards Act (FLSA) can cause a lot of difficulties for employers.  Thankfully, once you have successfully determined whether each of your employees is exempt or non-exempt, you are done, right?  Unfortunately not. Under the FLSA, you cannot base the amount of money you pay your salaried employees on the number of days…

Unintended FMLA Retaliation?

The Family Medical Leave Act is nothing new, and neither are the difficulties, issues and paperwork that comes with it.  Most likely, at one point or another, the FMLA has caused a problem for you and your company.  Maybe you had questions about paying an exempt employee when they take intermittent FMLA leave after using…