September 2017 Newsletter

In the wake of the horrific, evil events in Charlottesville, the twitter account YesYoureRacist posted many riot photos and identified many of the rioters. And, as a result, some have lost their jobs. Question: Does one participating in a Nazi rally enjoy any job protections from said participation? Answer: Absolutely not. “But Jon,” you ask, “just six month ago you told us that the National Labor Relations Act protects...
New York employers now have a new class of employees to be wary of – the “cute”.  A New York appellate court just issued a decision reviving a gender discrimination claim brought by a female plaintiff, who alleged that she was fired because her employer’s wife thought she was too “cute” and a threat to her marriage. Edwards v. Nicolai. The Claim Plaintiff Dilek Edwards was hired by Charles Nicolai, a chiropractor, to be a yoga and...
Two court decisions came out last week that ought to scare the heck out of employers. Both involved employers who seem to have been aware of their legal obligations and tried to comply. The employers lost their cases because they either didn’t go far enough, or didn’t pay enough attention to “optics.” I’d like to talk about each of these cases in two separate blog posts. The next time you want to fire someone, and your lawyer sends you back...
You look around the office in August, and suddenly, without warning, everyone is gone. Or perhaps human resources and managers are starting to realize that an unusual number of employees have just asked for the same time off. What’s so special about August 21, 2017? What on Earth is going on? For those of you still in the dark, a total solar eclipse will cross the continental United States, coast to coast, on Monday, August 21, an event...
Our family dog, Loula, is microchipped. Our vet offered it to us as a service when Loula first joined our family. It provides some peace of mind in the sad event that Loula goes missing and ends up in a shelter or vet office. They would be able to read the rice-grain RFID chip embedded in her leg, discover that she belonged to us, and return her. Loula, however, is a dog, she’s not an employee. Which is why I’m troubled that a Wisconsin employer...
Poorly implemented FMLA policies and procedures are in the spotlight this week.  And just a few vague words and a slip up are costing two employers hundreds of thousands of dollars. Their mistakes, however, are golden lessons for the rest of us. Confusion Over How Much Maternity Leave is Provided In Sad Employer Story No. 1, Bhavani sought leave to give birth to her child and to bond with the child. No sweat, said the employer, who had...