While the year is still young, here are 15 New Year’s resolutions that employers may want to make:
1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more
1/8/2015
/ Affordable Care Act ,
Ambush Election Rules ,
Anti-Harassment Policies ,
Background Checks ,
Corporate Counsel ,
Criminal Background Checks ,
Department of Labor (DOL) ,
Dispute Resolution ,
Email Policies ,
Employee Definition ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Hiring & Firing ,
Independent Contractors ,
IRS ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
NLRB ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Severance Agreements ,
Sick Leave ,
Social Media ,
Social Media Policy ,
Staffing Agencies ,
Unions ,
Wage and Hour
He was fired only 78 days later, and he hadn’t even had a chance to take over the show. His “listening tour” with employees, which began in September and was continuing when he was fired, is supposedly what did him in....more
As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty...more
10/20/2014
/ Cloud Computing ,
Corporate Counsel ,
Data Collection ,
Data Protection ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Facebook ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Job Applicants ,
Social Media ,
Technology
Last week, I wrote about the two situations in which an employer should ask an applicant about a disability or a religious belief or practice that might require reasonable accommodation. (As I emphasized last week, 99 percent...more
10/13/2014
/ Corporate Counsel ,
Disability ,
Disability Discrimination ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
PDA ,
Pregnancy ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Religious Discrimination
Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more
10/6/2014
/ Abercrombie & Fitch ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Religious Discrimination ,
SCOTUS ,
Screening Procedures
Do you think you have that employee termination all buttoned up, and no one will be able to challenge you? Defending that EEOC charge will be a slam dunk? No plaintiff’s lawyer in his right mind would represent your...more
The Employment Non-Discrimination Act is dead again, so there isn’t a federal law prohibiting discrimination based on sexual orientation. Is there any federal law on same-sex harassment or discrimination? If so, what is it?...more
I thought only elephants had two-year pregnancies. As I’ve discussed here before, “pregnancy” for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical...more
What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive...more
Legend has it that King Henry II of England, angry at his former friend Archbishop Thomas á Becket, vented, “Will no one rid me of this meddlesome priest?” Next thing you know, four of his knights went over to the Cathedral...more
A court says veganism might be a "religion" requiring accommodation, a school district gets nailed for failing to engage in the "interactive process" under the Americans with Disabilities Act, and yet another employer makes...more
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....more
1/3/2013
/ Breastfeeding ,
Department of Labor (DOL) ,
Discrimination ,
Email ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Marital Communications Privilege ,
Melissa Nelson ,
Nelson v Knight ,
Sex Discrimination ,
Termination