Tuesday, October 3, 2017

The 22nd nominee for the “worst employer of 2017” is … the wage absconder


Suppose you decide you are not going to pay your employees minimum wage and overtime required by the Fair Labor Standards Act. And let’s further say that the department of labor investigates your wage and hour practices and fines you to the tune of $1.95 million for the unpaid wages.

Do you—
  1. Figure out how to pay the fine?
  2. File bankruptcy and wrap yourself in its protections in an attempt to save as much of your assets as possible?
  3. Transfer assets to family members to create an appearance of insolvency and inability to pay the fine?

Monday, October 2, 2017

Just try to curb your enthusiasm about this post on the ADA and attendance


On last night’s season-nine premier of HBO’s “Curb Your Enthusiasm,” Larry David was faced with this age old problem.

How does an employer handle an employee who skips work because she’s constipated?

Larry handled it by foisting his problem employee (his personal assistant) onto someone else.

What should you do?

Friday, September 29, 2017

WIRTW #478 (the “Fake ID” edition)


Norah has a small dry-erase calendar hanging inside her middle-school locker. And on that calendar, in the Friday block, she scribbled the words, “Fake ID”.

“Norah,” the Head of Middle School asked her, “why do you have ‘Fake ID’ written in your locker?” She reports that he seemed … concerned.

Thursday, September 28, 2017

Bonus post today, because Roger Waters


If my 13-year-old self, sneaking off into the woods at sleep-away camp to listen to my bootlegged cassette of The Wall, could see me now…

When Roger Waters mentions your blog post from the stage, it merits a follow-up.

Trump flip-flops on LGBTQ workplace discrimination


“As your president, I will do everything in my power to protect our LGBTQ citizens.…”

Those were the words of then nominee Donald J. Trump at least year’s Republican Convention.

What’s missing from those words?

“…Unless you’re at work. Then you’re screwed.”

Yesterday, Trump’s White House announced that it will urge the 2nd Circuit Court of Appeals to rule that Title VII does not ban discrimination against gay employees. The court will decide whether, in that Circuit, Title VII’s definition of “sex” includes LGBTQ individuals. (The 7th Circuit has already says that it does.)

Are you tired of hearing me rant about this issue? Tired of hearing me tell you that it is shameful that in 2017 there still exists a group of people that the law does not clearly protect from discrimination? 

Well, I hope not. Because I’m going to keep doing it until this country WAKES UP and comes to its senses.


Wednesday, September 27, 2017

7th Circuit rejects extended medical leaves of absence as ADA accommodation


Photo: speedpropertybuyers.co.uk/
“You’re FIRED!”

No, this post is not about a recent Trump rally; it’s about the end game to Severson v. Heartland Woodcraft, Inc., in which an employer terminated an employee unable to return to work after the expiration of his 12-week FMLA leave.

Tuesday, September 26, 2017

Updated: The 21st nominee for the “worst employer of 2017” is … the Whata(alleged)racist


It has been 53 years since Congress banned racial discrimination in employment. You’d think by now that all employers would know that you cannot hire an employee expressly based on their race.

Yet, how does one explain this lawsuit, recently filed against Whataburger?