Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on.

"Ha-ha! We were just kidding!"

UPDATE: Thanks to reader John Perkins, SPHR, for the 2013 Mayan Calendar. Most educational!

"Near occasion of sin" is a legitimate ground for termination, Iowa court says. You've probably already ...

Happy Thanksgiving, y'all! I know we have plenty to be miserable concerned about, but that is not my role today. Here, in no particular order, are five labor-and-employment-related things for which I am thankful. (Crabbiness returns next week.)

"Please, sir, may I have some more gruel? Amazing how tasty it is when you're starving!"

1. OK, I am completely serious now. You, my clients, and ...

This issue has been coming up a lot lately: What should an employer do when an employee claims that her co-workers' fragrances make her sick?

(I'm not being sexist here -- every time I've had it come up, it was a woman complaining about women's fragrances. For the record, men's fragrances can be annoying, too. When they're not completely irresistible.)

Allow me to specify what I mean by ...

"Love means having to say you're sorry." Wait a minute. Is that a typo? 

No. Erich Segal, I beg to differ. As anyone who has a life knows, love means having to say you're sorry a lot. And that goes for employers, too. The company apology is a fine thing, as long as it is sincere, not a "non-apology apology," and accompanied by what they call a "firm purpose of amendment."

If you don't apologize when ...

If your job makes you want to kill yourself, are you a "direct threat" to your own safety?

In what has to be one of the weirdest ADA cases I've seen, a woman (let's call her "Gladys") was hired as a temp for a tech company in Seattle (let's call it "Initech"). A month later, Initech brought Gladys on as a regular employee. A month after that, Gladys told Initech that she suffered from chronic pain ...

The Wall Steet Journal has a feature on "Five of the Costliest Tweets Ever." (Subscription required, but I'll tell you all you need to know below.) This morning, Jon Hyman of Ohio Employer's Law Blog tweeted a link to a great flow chart from HR Bartender entitled "Should I Send This Email." Both are worth reading.

Number 1 of the "Five Costliest Tweets" was, of course, our old friend, former ...

DEAR READERS: If you enjoy this blog, we'd be most grateful if you would nominate it for the 2011 Blawg 100 list of the American Bar Association. (Blawg = blog + law . . . get it?) Attorneys and employees of Constangy are not eligible to vote. All entries must be submitted by September 9. While you're at it, please cast another vote for our sister blog, Employee Benefits Unplugged. Thank you for ...

Happy Memorial Day weekend, everybody! Top stories this week:

When are employers liable for the bad behavior of their customers? The sexual assault charges against Dominique Strauss-Kahn, former head of the International Monetary Fund, who allegedly attacked an African-immigrant maid in his hotel room in New York City, have spurred some interesting discussion about female ...

H.L. Mencken once said, "No one in this world, as far as I know . . . has ever lost money by underestimating the intelligence of the great masses of the plain people." Being a "small d" democrat and believing that stupidity is not limited by one's social standing, I'd delete "the great masses of the plain."

But, apart from that nit, I am in awe -- I just can't figure out how Mr. Mencken ...

I am disappointed that the NLRB "Facebook Firing" case settled, even though I certainly understand why both sides wanted to end it.

In November, the National Labor Relations Board issued a complaint against American Medical Response of Connecticut, alleging that the company committed an unfair labor practice by firing an emergency medical technician who had posted some ...