Employment Law Blog Carnival (#ELBC) Freaky February Holiday Edition

February isn't just Valentine's Day, despite what the greeting card and flower industries would like you to believe. February ought to be designated National Weird Holiday Month, because it is filled with odd and different holiday celebrations. Since I'm honored to be hosting the Employment Law Blog Carnival this month, featuring the best employment law blogs around in one handy place, I get to share some of these unusual holidays with you.

February 2: Groundhog Day

In honor of the holiday that has large rodents predict the weather while we deny scientific evidence of global warming, Michael D. Haberman at Omega HR Solutions gives us If Lily Ledbetter sees her shadow does that mean more government regulation?

February 8: Laugh and Get Rich Day

Okay, so you won't get rich on unemployment. But Philip Miles at Lawoffice Space explains in The Unemployment Compensation Retaliation Exception to "At Will" Employment how the law protects you from being fired for claiming unemployment benefits. Which seems like it would be impossible, since you have to be unemployed to get unemployment, right? But read this post for an interesting and rare situation. Then collect your benefits and laugh all the way to the bank.

February 9: Toothache Day

I question why we need to honor toothaches, but there you have it. Eric Meyer's post in The Employer Handbook, The 24/7 world of social media can bite your employees when they least expect it reminds us that employees who aren't careful with their social media posts may get bitten by their posts. So I guess it's social media that will get the toothache? Okay, it's a stretch, but how can I resist a day honoring tooth pain?

February 11: Don't Cry Over Spilled Milk Day

When an employee reports discrimination or something else illegal, the temptation is to retaliate. But maybe employers should remember their mother's caution: don't cry over spilled milk. Once the cat's out of the bag, you can't retaliate, at least not legally. Check out William Goren's Proposed Enforcement Guidance on Retaliation and Related Issues from the EEOC: the ADA Version at the Understanding the Americans With Disabilities Act blog before you even think about retaliating against an employee.

February 12: National Lost Penny Day

This is the day you are supposed to gather up all your pennies and cash them in. Which you may have to do if your employer isn't handling your 401K correctly. Check out Jewell Lim Esposito at Benefits Law Advisor's More Permissible Mid-Year Changes to Safe Harbor Plans and Safe Harbor Notices to find out if your employer's plan is up to snuff. (If you don't understand the photo, ask a nerd.)

February 14: Valentine's Day

We can't forget the most hyped February holiday of them all. For lovers (at least lovers of employees), Robert Fitzpatrick in Fitzpatrick on Employment Law offers The 4th Circuit Loves Plaintiff's Lawyers.

February 16: National Do A Grouch A Favor Day

Independent contractor issues can make most employers grouchy. Before you take your crankiness out on your staff, let me do you a favor and tell you to read William Goren's Does § 504 Apply to Independent Contractors? at the Understanding the Americans With Disabilities Act blog.

February 20: Hoodie Hoo Day 

Dealing with pension issues makes me need a break, for sure. Hoodie Hoo day is described as, I kid you not, "On this winter day, people go out at noon, wave their hands over their heads and chant 'Hoodie-Hoo'." Jewell Lim Esposito at Benefits Law Advisor's post Trying to Sort Through Retirement Plan Operational Issues? February 1: IRS Offers Discounts on Some Fees for Employer’s Voluntary Compliance Submissions may help you sort through some sticky retirement plan issues. But you can always go outside and chant.

February 20: Love Your Pet Day 

In a great example of people who are ruining things for everyone, Mike McClory in Bullard's Employment Law posts Employment Law Prop Bets ~ EEOC, OFCCP, Minimum Wage, and Flying Turkeys, in which he discusses, among other headier issues, an emotional support turkey allowed on a flight, with its own seat.

February 22: Be Humble Day

Employers might want to be a little more humble when dealing with employee religious accommodations. Janette Levey Frisch at the Employerologist can help employers with when they have to (and don't have to) grant religious accommodations in Do You Have to Allow Your Employees Unscheduled Prayer Breaks?

February 25: National Chocolate-Covered Nuts Day

Mike McClory in Bullard's Employment Law talks about whether you have to accommodate nutty religious beliefs in his post Fictional Mailbag: Religious Accommodation And Request For Relief From “Park To The East” Policy

February 26: Tell a Fairy Tale Day

Employers tell all kinds of fairy tales about why they can't or won't pay wages. If you're tired of excuses and are ready to take action (at least in California), check out Andrea Paris's Wage Claim Process In California.

February 27: No Brainer Day 

My post, Grow Up! Florida Legislators Need To Get Over Potty Issues discusses an issue that should be a no-brainer but which is too complex for potty-obsessed legislators: LGBT discrimination.

And now my work is done. So I'll celebrate February 28: National Public Sleeping Day, a little early and take a nap. 

Employment Law Blog Carnival, We Are Family Edition

It's time for me to host the ever-enlightening Employment Law Blog Carnival, that wonderful monthly collection of the best employment and HR blogs in the blogosphere. Because I hosted this time last year, I'm not doing yet another tribute to Mother's Day. Instead, I looked for a less obvious holiday to celebrate with this new edition of ELBC.

May is National Family Month, so welcome to the We Are Family edition of the Employment Law Blog Carnival.

Lorene Schaefer in Win-Win HR points out that we aren't too different from our monkey relatives, in that we know when we're slighted and don't appreciate it. Her post,  Screw You And Your Cucumber Too - Even Monkeys Demand Equal Pay for Equal Work (love the title - can you guess why?) tells employers why they shouldn't monkey around with equal pay.

Dads are entitled to paternity leave, but Randy Enochs in Wisconsin Employment & Labor Law Blog bemoans the fact that Study Shows That Few Dads Take Advantage of Paternity Leave. C'mon dads. Take the time to bond with the new baby.

Every teenager knows you don't give out your social media passwords, especially to family members. So why does NJ Gov. Christie want your password? In NJ Gov. Christie Vetoes Proposed Workplace Social Media Law, Eric B. Meyer in The Employer Handbook explains why the big guy didn't like the law prohibiting NJ employers from asking for employee social media passwords. And really, why wouldn't you want to trust a NJ politician with your passwords?

Families are changing, and so must the law. Heather Bussing, in HR Examiner, tells what to do When An Employee Says I'm Gay.  It's a terrific step-by-step how-to for everything from terminology and applicable laws to bathrooms and workplace violence.

Your Canadian relatives have probably headed back home from their winter hideaway in my state by now. We Floridians will miss them so. Stuart Rudner offers the Canadian perspective (which is way, way better for employees) in the Canadian HR Reporter with Employment Agreements Avoid Awkward Hiring Situations. They can help here too, so Stuart's article offers helpful advice to any employer who is preparing an offer letter to a new employee.

Thanksgiving dinner isn't the only time we should be reminded about all the genetic glitches in our families. In The Emplawyerologist, Janette Levey Frisch does two posts on GINA, that very confusing law about genetic information discrimination. In What Does GINA Have To Do With Employment Law Practices, she breaks it down for you and tells you why you should care about this relatively new and misunderstood law. In How Are Employers Faring (In Court) Under GINA, she enlightens us on some recent cases employers won, and a pending case that may "stick" against an employer.

Every family has one black sheep, and sometimes that's because of drug use. Ari Rosenstein in CPE HR's Small Biz HR Blog tells businesses what they can do about drug abuse in the workplace in Substance Abuse and the Drug-Free Workplace Act.

Most of us here in South Florida have family or friends from other countries. It makes living here way more fun and interesting, but Homeland Security is watching those immigrants when you do your hiring. Nilesh Patel of the Mahadev Law Group blog updates us on the new forms employers must use to verify that employees are legal to work in the U.S. in New I-9 Forms.

Our Canadian brothers and sisters prove they can one-up us in something besides hockey. In A Workplace Harassment Case for the Record Books, Dawn Lomer in the iSight blog shares a story of a poisoned workplace atmosphere that Canadians found shockingly illegal (but would probably be just another case of legal workplace bullying here, sad to say). Oh, Canada. Why can't we follow your lead? Except the mayo on fries. You can keep that.

Just in time for National Family Month, Philip Miles in Lawffice Space tells a cautionary tale about working for family, especially if they don't like your sudden spiritual awakening, in 3d. Circuit: Shareholder not "Employee" Under Title VII.

Just like children, you must teach your employees well. Michael Haberman in the HR Observations Blog implores employers to Teach Employees About Sexual Harassment.

Many families have that embarrassing relative who can't stop with the racial slurs at family gatherings. Fortunately, the law protects you if your supervisor spews out racial slurs. In Fitzpatrick on Employment Law, Robert Fitzpatrick tells about a case where one racial slur was enough to create an illegal hostile environment in Racial Slur Sufficient to Support Claim Against Fannie Mae.

Nobody wants to hear Uncle Hal droning on and on about nothing, and your employees don't want to attend trainings that go on and on about nothing either. In Designing an Engaging Workplace Harassment Training, Stephanie Hammerwood in Blogging4Jobs talks about how to get employees to actually pay attention to all those expensive harassment trainings you send them to.

Mario Bordogna in Employment Essentials explains how the DC Circuit is as annoying to NLRB as your siblings are to you in Following Noel Canning, The DC Circuit Again Overturns NLRB Action & Invalidates Notice Posting Requirement.

Every parent knows you need to teach the kids what they should and shouldn't post in social media. One of my favorite verbal sparring partners, Jon Hyman, offers some good advice to employers about social media training in the Ohio Employer Lawyer's Blog in With Social Media, All Of Your Employees are Brand Ambassadors; Train Them Accordingly. Of course, employers can always turn over their social media passwords to NJ Gov. Christie and let him handle it . . .

Family loves to give advice, and so does the NLRB. John Holmquist, in Michigan Employment Law Connection, analyzes NLRB advice on confidentiality in NLRB "Advice" Concerning Employer Investigations.

Do-it-yourself projects can cause lots of family strife. Same if you try to write a do-it-yourself employee handbook. In the DamnedIf blog (love the name), Adam Whitney explains why in Using Standard Form Employee Handbooks; Damned If You Do, Damned If You Don't.

There's really nothing worse for a parent than outliving a child. In the Musings blog, Crystal Spraggins explains why grieving parents should be covered under FMLA in Proposed Amendment to FMLA Would Provide Leave For Grieving Parents.

Health care is important for any family, since there's no quicker way to go bankrupt than to enter a hospital while uninsured. My associate, Ryan Price, did a terrific guest post (I'm not biased at all) right here in my blog, Screw You Guys, I'm Going Home, on how employees will have new protections soon against employers who discriminate based on employee health care decisions in The "New" Discrimination: Retaliation Based on Health Care Rights.

That's all for the We Are Family Edition of the Employment Law Blog Carnival. Join us again next month at a different location for the best employment law blogs, together in one handy place.

Employment Law Blog Carnival: Kindergarten Edition

The latest Employment Law Blog Carnival came out, hosted by the Ohio Employer's Law Blog. The theme? All I Really Need To Know About Employment Law I Learned in Kindergarten. Check out the latest and greatest blog posts by employment lawyers and HR people around the country. I'm there, as are many of my favorite blogs.