I read lawyer blogs and newsletters so you don’t have to

by Michael Haberman on November 4, 2014 · 2 comments


Putting the work to make your life easier.

Putting in the work to make your life easier.

There you have it, just one more way I save you time and money by helping you make better use of your time! I hope you enjoy that value for visiting my blog. Kidding aside, I thought you might be interested in some of the things that I read that I think are important for you to read.

One of my favorite lawyer bloggers is Jon Hyman who writes the Ohio Employer Law Blog. Despite its name it is not for Ohio employers alone. There are two posts of Jon’s I want to point out. First is about a subject that I write about frequently, produce webinars on and cover with clients all the time; the subject of employee misclassification. Jon points out in Court of appeals decision highlights risk of (mis)classifying employees that despite your best efforts at trying to comply you may be thwarted by a court. Sometimes it is best to err on the side of conservatism when classifying employees.

The second article deals with employee wellness programs. They are becoming more and more popular, for several different reasons, including reduced healthcare costs, increased productivity and happier employees. Of course anything employers like runs the risk of government scrutiny and wellness plans are no different. In his post EEOC files historic lawsuit challenging biometric testing by employers Jon tells us that wellness plans can be discriminatory according to the EEOC and thus they don’t like them. Something about violating the ADA, go figure.

Speaking of wellness, over at the Connecticut Employment Law Blog, guest poster Marc Herman also weighs in on the EEOC’s distaste for wellness programs. Herman says “According to EEOC, a wellness program is voluntary as long as an employer neither requires participation nor penalizes non participation. In these cases, the EEOC suggests that incentivizing participation is merely a euphemism for punishing non participation, and is thus a violation of the ADA.” The devil is in the details so check out his post at Your Company’s Wellness Program May Violate The Law, Says the EEOC.

In the Employment Discrimination Report, Richard Cohen tackles appearance discrimination. He talks about height and some of the practices around the world. Did you know in China they can pay you more per centimeter of height? Some of our movie stars would not be pulling in the big bucks if their pay was based on their height. Check out The Taller You Are, The More Your Income: We Re-Visit Appearance Bias.

Finally, Eric B. Meyer tells us about several social media blunders that cost people their jobs, and not just the “little people.” Check out these “lack of common-sense” mistakes several people made in social media by reading Social media blunders cost a chef and a chief their jobs.

I hope I have done my job for you sorting through some of this information and pointing out to you some great blogs you needed to know about.


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{ 2 comments… read them below or add one }

Courtney Berg November 4, 2014 at 10:08 am

Thank you for sharing these great resources! As HR consultants, we know each year employee (mis)classification is costing millions of dollars for big and small businesses. And wellness programs and social media topics are found in articles everyday. Having resources such as the ones you mention in your blog really helps small business gain the understanding of what they need to do to stay out of trouble. You are making a difference! Have a great day.

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Michael Haberman November 4, 2014 at 4:42 pm

Thank you Courtney, I appreciate the kind words. I am happy to know I am helpful.

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