Monday, June 15, 2015

Employment Law Blog Carnival - Fetch New #EmpLaw Catchphrases

Where have I been? This is my triumphant return from some kidney stone problems that have kept me out of blogging for a couple weeks. What better way to return than by hosting this month's Employment Law Blog Carnival (#ELBC)!

This month, I've come up with some totally fetch new catchphrases that you can work in to your employment law lingo!

Are you down with the 5-0-4?
The 5-0-4... you know, section 504 of the Rehabilitation Act. William Goren hits us with Does Title II of the ADA Apply to Employment? Two Views. He's definitely down with the 5-0-4!

Whooo..... WHOOOOooooo!
Imagine if every time someone brought up whistleblower claims, you just made obnoxiously loud train whistle sounds instead of using the word "whistleblower" - that would be so totally fetch. Ric Flair, show 'em how it's done. Now, practice your train whistles while you read Internal Whistleblower Complaints Raise Important Considerations on Epetein Becker Green's Financial Services Employment Law blog.

Dinged for OffCon
Yo, I heard you got dinged for offcon... which, of course means, "I understand you were disciplined for off-duty misconduct." Check out Rudner MacDonald's post, Discipline for Off-Duty Conduct (featuring a rather unfortunate parental advisory catchphrase FHRITP),

Endless Summer Policy
Michael Haberman has Will your unlimited vacation policy run afoul of the law? on the Omega HR Solutions blog. I'm sorry... did he say unlimited vacation? Heck yeah, sounds like an "endless summer policy" to me.

Is (s)he a 6-factor?
A "6-factor" is an unpaid intern, named after the 6-factor test described in Small Biz HR Blog's entry: Summer is Here, and so are the Interns. Is Your Business Ready?

'Cause Plaintiff Says So
When an employer's summary judgment motion gets denied based on nothing more than the plaintiff's own self-serving testimony. Check out a real-life example, The 6th Circuit and Overtime: Uh Oh on the Michigan Employment Law Connection.

Anti-harassment-cum-picket policy
This was an easy one for me to come up with... because I just stole it directly from Eric Meyer's post, Company ordered to re-hire an employee after his “racist, offensive, and reprehensible” speech. Read it to find out why your anti-harassment policy should address... picketing? Seriously? Seriously.

Clogged Drain
Same case as the last one, but this time from Bullard Law: The NLRB Convinces Its ALJ That The NLRA Protects Racist Picket Line Speech. The employer fired an employee for shouting comments about fried chicken and watermelon at black workers from the picket line - an NLRB ALJ reinstated him. In other words, the employer tried to flush him... but there was a "clogged drain"!

SCOTUS opinions, half off!
When the Supreme Court issues an opinion that fails to address important issues. See Supreme Court Decision Leaves Employers with Religious Accommodation Questions on Employment Essentials.

Applomodation Case
Obviously, an Applomodation case is an applicant reasonable accommodation disparate treatment claim, like the one in EEOC v. Abercrombie. I mean, duh. US Supreme Court Rules in Favor of Applicant in Abercrombie “Hijab” Case from The EmpLAWyerologist.

Stepped on the Sideline
When a party loses a case because it just barely crossed over some bright-line rule. Like when your FMLA claim gets denied because your "overnight" stay at a hospital started just after midnite and was therefore not "overnight." Donna Ballman explains it in Court Imposes FMLA Catch-22.

You gotta Fugitive that harassment!
Fugitive, you know, like the tv show and movie about the guy who won't give up until he's tracked down the one-armed man (we could also go with "You gotta Javert that harassment" if Les Mis is more your thing). Robin Shea explains, Harassment "Must-Have" No. 4: The Determination.

"I'm with the Government" Immunity
A fetch new way to claim derivative sovereign immunity! What, you've never heard of derivative sovereign immunity in employment law claims? Well, there's a good reason for that. But the issue is hitting the Supreme Court so get in on this hot new fad right away. See Fitzpatrick on Employment Law: Derivative Sovereign Immunity: Next Supreme Court Term's Bombshell?

I hope I didn't miss anyone - let me know if I excluded your submission and I'll be sure to add it, complete with its own fetch new catchphrase!