Do you know what to do when an employee suffers a severe accident at work?

It was like nothing we've ever seen in a televised sporting event … and hope we never see again. 

During last night's Monday Night Football game, 24-year-old Bills safety Damar Hamlin suffered a cardiac arrest while making a hard but routine tackle. He received CPR on the field for 10 minutes in front of his teammates and a full stadium of fans before being transported by ambulance to a local hospital. Those 10 minutes almost certainly saved his life. He is currently sedated and listed in critical condition. We all continue to pray for his health and recovery.

Do you know what to do if one of your employees suffers a severe accident on the job?

’Twas the Employment Law Night Before Christmas (2022 edition)

In what has become an annual tradition for my final post of the year, I bring you the holiday classic, 'Twas the Employment Law Night Before Christmas … tweaked for 2022. 

As has been the case in years past, you can read my tale below. This year, however, you also get my holiday present of a download in booklet form, should you so choose.

To all of my readers, connections, and followers, new and legacy, thank you all for reading, commenting, and sharing throughout the year. Please have a happy and, most importantly, healthy and safe holiday season. I'll see everyone on January 3, 2022, with fresh content to kick off the new year.

Announcing the WINNER of the Worst Employer of 2022

The votes have been counted … and in the end it wasn't all that close. The WINNER of The Worst Employer of 2022 is

The Murder Enabler

Avoiding liability missteps with year-end bonuses

As employers plan for year-end bonus payments to employees, you need to learn the difference between nondiscretionary bonuses, discretionary bonuses, and special occasion bonuses (such as holiday or other gifts). Otherwise, you risk finding a Department of Labor lump of coal in your wage and hour stocking.

What's the difference between these three types of bonus payments?

Your religion isn’t a license to discriminate (but we may need to accommodate you anyway)

Pronouns confuse me. It's not that I want to misgender anyone. In fact, quite to the contrary, I try really hard to get people's pronouns correct when addressing them or speaking about them. To me, it's a simple matter of common decency. My efforts to get them correct, however, doesn't mean that they still don't confuse me. When I grew up, I learned that "they" refers to a group of people. Thus, when someone refers to someone else as "they," my brains says, "more than one." It's just difficult, but I still try to get it right.

Which brings me to the story of Vivian Geraghty, a middle school teacher. She is suing her former employer after being told either to use the preferred pronouns of her students or resign. She chose the latter, and claims in her lawsuit that the school's mandate discriminated against her Christian beliefs, which the school should have accommodated. Geraghty says the school instead should have explored potential accommodations such as moving her to another classroom or addressing students by their last names

WIRTW #654: the “gifts” edition

What's the best holiday gift you've ever given or received? With the holidays quickly approaching, this is the question Norah and I tackled on this week's episode of The Norah and Dad Show.

Find us on Apple Podcasts, Spotify, Google Podcasts, Overcast, Amazon Music, Stitcher, internet, and everywhere else you listen to podcasts. And while you're in your podcast player of choice, hit the subscribe button to ensure that you never miss a future episode.

Before I sign off for 2022, I'll be back next week with two gifts for you — the winner of The Worst Employer of 2022 (Wed.) and this year's telling of The Employment Law Night Before Christmas (Thurs.).

Here's what I read this past week that you should be reading, too.

Reasonable accommodations are for actual disabilities, not unhinged conspiracies

If I've learned one thing from my 25+ years of practicing law it's that when a court describes your arguments as a "rambling and hyperbolic tirade," your goose is cooked. 

This is the story of Meltzer v. The Trial Court of the Commonwealth, by John Bello, Administrator.