Blog Posts: Taking Care of HR Business
Visit the Full BlogHuman resource professionals, supervisors, and company executives alike face a constantly changing and evolving legal landscape. Verrill's Taking Care of HR Business blog is here to keep you up to date on the newest and most important legal developments for employers.
Forgot to Mention One Little Thing: Santa Baby and Complete Accounts of Employee Misdeeds
In the holiday song that I most often picture sung by the woman portrayed in Madonna's Material Girl , this year my mind shifted away from diamond rings and men with the "cold hard cash" to what occurs when we "forget" to add something to our list. While the...
Only a Hippopotamus Will Do: "I Want a Hippopotamus for Christmas" and Employee Requests for Service Animal Accommodations
Because of how often we hear from clients regarding requests for "emotional support" animals to accompany employees to work, we figured a refresher on how to handle these types of situations would be appreciated. While we do not expect many employees to request to bring a "service hippo" to...
Every Holiday Has Food So Special: The Latke Song and Food Allergies in the Workplace
Debbie Friedman's "The Latke Song" has a wonderful message regarding remembering those who are less fortunate than ourselves during the holiday season—as told through the point of view of a potato who is turning into a latke. As a "foodie" living in an " amazing food city " food...
Prospero Ano y Felicidad: Feliz Navidad and an "English Only" Policy in the Workplace
As Jose Feliciano wishes us a Merry Christmas from the bottom of his heart, it is important that we as employers recognize that in order to maintain a diverse workforce we are going to be faced with some difficult questions—including whether an "English Only" policy is necessary or appropriate...
‘Tis the Season…For Verrill Dana to Break Into Song
Last year we brought you a lively selection of labor and employment-related tips insofar as my true love gifted me presents (or failed to gift said presents) throughout the 12 days of Christmas (if you missed it you can start catching up here , and here , and here...
Guns at Work in the Mass Shooting Debates
In the wake of the San Bernardino shooting, less than a week after the Planned Parenthood shooting in Colorado Springs, news reports show that in the United States in 2015 approximately 353 mass shootings have occurred. While arguments can be made to factually distinguish all of these events—the mindset...
When It Is Not A Laughing Matter
While this blog does attempt to bring humor to employment law, we by no means make light of the difficult issues that corporations are faced with when interacting with employees. This blog post will not be filled with puns or YouTube videos, but instead will focus on the events...
Is an Applicant's Past Drug Addiction and Current Use of "Chocolate Chip Cookies," "Fizzies," and "Wafer" a Disability?
You, like I, may not have been up-to-date on Methadone's street names —but now you are. After that brief (but important) education, we turn to why this information is relevant to your workforce and human resources practice. Earlier this month, the EEOC filed a Complaint against a Maryland-based company...
Let’s Ketchup on Recent Class Action Lawsuits
Last month a group of individuals filed a class action lawsuit accusing the former H.J. Heinz Co. (now Kraft Heinz) of breaching an agreement the company had with executives in which the company would make donations to charities as part of the benefit package. The Complaint is premised on...
How You Doin'?. . . Wendy Williams' Interns Are Doing Great
Earlier this week I found myself in a car dealership in the middle of the day watching daytime television and waiting for a ride; Wendy Williams was on. I had never seen the show before (in large part because I spend my afternoons writing these blogs and not watching...
“Mark of the Beast” Does Not Leave Its Mark on the High Court
Yesterday the Supreme Court refused to grant certiorari in Yeager v. FirstEnergy Generation Corp. , No. 14-1302 (cert. denied 10/5/2015), the case we previously brought to your attention in which an Ohio court found that an applicant's refusal to provide a social security number because it would "cause him...
Excuse Me . . . I “Tooted”: Flatulance and the ADA
My four-year-old spent the vast majority of the weekend publically announcing (louder than her grandparents and I would have preferred) "excuse me I tooted" every time she passed gas—which considering her petite frame and refusal to eat a vast majority of foods, occurred much more often than I would...
Employer Successfully Parses the Haze in the Land of Enchantment
Recently, New Mexico employer Presbyterian Healthcare Services successfully defended a claim of disability discrimination after terminating a Physician's Assistant who tested positive for medical marijuana. The case, Smith v. Presbyterian Healthcare Services , involved a Physician Assistant, Donna Smith, who through a staffing agency, Advantage Locum, applied for and...
EEO-1 Deadline Extension
While normally EEO-1 reports have a filing deadline of September 30 (yes that was yesterday), this year the EEOC Joint Reporting Committee extended the EEO-1 Deadline to October 30, 2015 . Accordingly, while this extension is helpful to many employers, we suggest employers review the 2015 EEO-1 changes and...
Does Your Social Media Policy Need An Anti-Parasitic Drug?
My Facebook news feed blew up last week with reaction to Martin Shkreli's company, Turing's, 5,000% increase in the price of the anti-parasitic drug Daraprim from $13.50 per pill to $750 per pill. While an interesting case study in ethics, politics, and how health care and pharmaceuticals are managed...
It’s “In Style” to Follow Your Anti-Discrimination Policies
Yesterday marked the end of the Spring/Summer 2016 fashion shows in Milan. Some of next year's fashion has been described a "lyrical nerdiness," "romantic" and "pink and pretty"—so keep your eyes peeled for those trends next year. 1 But while my love for clothing is a priority, it's not...
YAWN…..Eleventh Circuit’s Ruling Won’t Put You to Sleep but the Plaintiffs Might
It sounds like the start to a bad joke—25 student nurse anesthetists walk into a courtroom…let's just hope you don't fall asleep before we get to the punchline. While the Eleventh Circuit's opinion regarding whether a class of 25 anesthetist students are employees or interns under the FLSA began...
In the Name of Religion
No matter the faith or belief, religion makes its way into the work environment more often than one would expect. This week's headlines serve as a prime example of that. Kim Davis, the Kentucky clerk who refused to sign marriage licenses after the Supreme Court's legalization of same-sex marriage...
Worked to Death in the Keystone State
While we often remind employers that complaints about on-the-job stress could be a reportable event to a workers' compensation carrier, we do not often warn employers not to work their employees "too hard" or "to death." In this case, however, that was exactly the question at issue—did Lower Bucks...
NLRB Rules Northwestern Players Are “Outside the Field of Play”
Yesterday the NLRB issued a ruling in the Northwestern football players' attempt to unionize-- previously discussed here and here . While last year the Chicago office had issued a ruling permitting a group of 85 Northwestern University football players who receive university scholarships to form a union, the NLRB...
Maine’s Newest Employment Laws
Earlier this month, Maine's highest court, the Law Court, held that Governor LePage's veto attempts came too late—meaning that 65 laws which he had not taken timely action on are law. Included in these 65 laws is L.D. 921, which (as a result of the Governor's failure to act...
Jury Finds "Food with Integrity" Terminated with Integrity Despite EEOC’s Claims to the Contrary: Jury Verdict Returned in Chipotle’s Favor after ADA Battle
On Monday, Judge F. Dennis Saylor IV of the District of Massachusetts entered judgment in favor of Chipotle Mexican Grill, Inc., after a five-day trial concluded on August 7, with a jury finding in favor of Chipotle Mexican Grill on a disability discrimination claim brought by former employee Amanda...
FLSA Fashion Faux-Pas
Danny Tanner may have some words of advice right now, but we think that the more apt advice can be found in previous blog posts warning employers of the dangers of using unpaid interns. The latest suit, brought in Manhattan Supreme Court, is brought by Shahista Lalani, a former...
Tasty Tuesday: Arbitor Ends Cupcake War - Cupcake is Not an Intoxicating Beverage
Let us frost your day with a tasty treat—an arbitration decision out of Ohio, In re First Student, Inc. What is sweet about this arbitration you ask? Well cupcakes of course! Grievant was a former bus driver who was discharged after bringing cupcakes to work for a Halloween party...
Class-y Look: Abercrombie’s Look Policy Under Attack . . . Again
Earlier this month, a California federal judge certified a class-action lawsuit of approximately 62,000 Abercrombie & Fitch employees who claim that they were forced to purchase Abercrombie & Fitch clothing to wear on the job. Pursuant to the " look policy " which came under attack in the recent...
“Joy” is Lost, Others Are “Uber” Upset
Last week we posted about the DOL's recent interpretation of workers' status as employees versus independent contractors. Even if your company does not currently use any form of independent contractors (and thus you've been only following these changes in passing), it's important that you understand the implications of these...
AT&T’s “Prison” Break: “Inmate” Employees Lose NLRB Appeal
While many of us feel like prisoners to our cell phones (not to be confused with prisons you can buy for your cell phone or companies that appear to specialize in inmate cell phone usage), what none of us want are prisoners working on our cell phones (or landlines...
How Not to Handle a “Jezebel Spirit”
The answer is fairly obvious: don't refer to someone as having a Jezebel Spirit. If this happens, however, and an employee can't help but make the reference, pray (literally and figuratively) that it is not a manager. Last month, Lisa McKinley filed a lawsuit against the Salvation Army in...
Wacky Wednesday: “Devious Defecator” Problem Does Not Release Employer From GINA Obligations
On Monday, jurors awarded Plaintiffs Jack Lowe and Dennis Reynolds $2.25 million dollars in a GINA (Genetic Information Nondiscrimination Act) action brought against their employer, Atlas Logistics Group Retail Services. The background facts reveal that supervisors became frustrated trying to figure out who was leaving piles of feces around...
Is Honesty the Best Policy? EEOC Alleges Honesty Policy Violates ADA
Our parents consistently told us honesty was the best policy. Being honest with the people you interact with, whether, socially, romantically, or professionally, often creates the healthiest relationships in the long run; the EEOC may, however, disagree with me. The EEOC recently sued Aurora Health Care Inc. in the...
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