Below is a review of the posts (on Facebook, LinkedIn, and Twitter) from the past week. You can check out the full posts by clicking on the links.
In the post on Sunday 3/11/18 we noted that’s what friends are for: federal court extends retaliation protection to employee’s friend. Yes, more corners to look around. Just like the regarded as prong under the ADA, here the person asserting the claim did not do anything, but is assumed to have done something. The post explains the rationale.
TAKEAWAY: Don’t retaliate against anyone, period.
The post on Monday 3/12/18 told us a former server files a lawsuit alleging religious discrimination (and we noted that steak’s not so juicy now). Yes, the employer is a steakhouse. The suit alleges the server met “cultural insensitivity and outright Islamophobia”. Examples are in the post and are not pretty. Of course, the employer’s response to the complaint was also not pretty – see the post.
TAKEAWAY: If an employee makes a complaint, don’t laugh it off. Investigate it and take appropriate action.
In the post on Tuesday 3/13/18 we noted that FMLA leave is not available following a pet’s death. Well, probably not. It depends how the mourning manifests and whether or not it meets the definition of a serous health condition required for FMLA protection. The post goes through the court’s analysis of eligibility and why it was not met in this case.
TAKEAWAY: Don’t just jump to approval of a requested FMLA leave – make sure the employee is actually eligible under the circumstances.
The post on Wednesday 3/14/18 brought an alert: liability as a joint employer is back on the table. Are you shaking your head in disbelief? The NLRB, which earlier decided there was no joint liability, now reversed course. It decided that one of the Board members who participated in the decision had a conflict, so the decision was overturned and the law reverts to its prior joint employer liability – at least for now. The post explains what that may mean for you.
TAKEAWAY: Even at non-union workplaces, employees must know what the NLRB is doing and how it affects them.
In the post on Thursday 3/15/18 we saw a suit alleging woman forced to get flu shot or lose job. We asked if it was a real religion (do you know why we asked that?). Barnell was a nursing assistant who requested exemption from a policy requiring flu vaccines because she believed Bible-based scriptures prohibited it. Policy allowed employees to opt out with a writing from their clergy person. The post tells us what happened next and why the suit was filed.
TAKEAWAY: If someone has a sincerely-held religious belief, whether or not it is a “real” religion, employers must honor that belief and accommodate (if there is no hardship).
The post on Friday 3/16/18 was a warning: Texter beware: emojis as evidence. We asked if your Handbook or Policy manual covers this emerging area. Emojis are becoming commonplace in all areas of life, but does that mean they are appropriate for the workplace? We used to say not to put things in an email you didn’t want on the front page of the NY Times. Now emojis are being given the same dubious treatment. The post explains how they might come into a court proceeding.
TAKEAWAY: Protect yourself – deal with emojis in your handbook or policy manual.
Finally, in the post yesterday 3/17/18 we asked: is your condo or homeowner association managing your money wisely (and do you know the owners’ and Board’s rights and responsibilities). In the association in the post, there were questions. And residents were not getting answers. Every owner and Board member should know what owners’ rights are to financial information and what obligations the Board has to provide information (even when not asked).
TAKEAWAY: Each Association’s Governing Documents provide some rights and responsibilities; applicable state law provides others. Know what is required, including to whom a fiduciary duty is owed to manage finances. Engage legal counsel if you are not sure of the next step.
York, Pennsylvania 17403