January 2018 Newsletter

Here’s a puzzle for you.  How would you handle it? Mary Beth is a nurse for a local hospital and has been diagnosed with cancer and asthma.  Over the course of about one year: 1. She is certified for FMLA leave for her cancer and asthma; 2. She incurs a total of 13 intermittent absences in a 12-month period; 3. A handful of these absences relate to her cancer and asthma; and 4. Plenty more absences are for various other reasons,...
And did it with such grace! After all, she is Miss Manners. This is another installment in my unofficial series, "Second-guessing the advice columnists." My other posts critiquing advice columns on employment law are available here, here, here, and here.  My all-time favorite advice columnist is Miss Manners, who appears six days a week in The Washington Post. Employment law is not usually her thing, but...
A boss who grabs an employee's breasts without her consent is indeed guilty of sexual harassment. Two law professors co-wrote an article that appeared in yesterday's New York Times with the headline, "Boss Grab Your Breasts? That's Not (Legally) Harassment."   Uh, yes it is. At first, I thought this misrepresentation of the law might have been the fault of the headline writer, but then I found this in the body of the...
Last week, the NLRB started making good on its promise to roll back some of its more controversial Obama-era reforms—its assault on employee handbooks and its liberalization of joint employment. Employee HandbooksIf you’ve been reading this blog for any length of time, you are well aware of the NLRB’s assault over the past few years on garden-variety and facially neutral employee handbook policies. For the uninitiated, the Board,...
This bustin' on HR is gettin' me down, You got to quit kickin' HR around.   Human Resources professionals seem to be everybody's favorite scapegoat. The profession is under attack yet again -- this time for apparently failing to stop the Harvey Weinsteins, Mario Batalis, and Russell Simmonses of the world. Here are some readers' comments posted in response to a Washington Post article by law and sociology professor Lauren B....
Last night we went to dinner at our favorite local restaurant. Donovan ordered his favorite dish—gluten free penne alfredo. He is not a great eater. Usually, despite this dish’s “favorite” status, he will eat two bites and proclaim, “I’m full.” Last night, the general manager, who was covering chef duties, decided to have a little fun at D-Man’s expense. Instead of a full plate of pasta, he sent a small dish with two lonely noodles. We...