Category: HR Hero Line

HR best practices, employment law tips, news and analysis, Q&As, and lessons learned from the courtroom.

How to prepare for heightened immigration enforcement

by Elaine C. Young The employment-based immigration bar is bracing for heightened worksite enforcement from the Trump administration. To be sure, U.S. Immigration and Customs Enforcement (ICE) engaged in plenty of worksite enforcement during the Obama years. But the sentiment among the immigration bar, as we review updated policy memoranda and attend conferences at which […]

Personal phones causing a problem at work? Damage control is possible

Smartphones. Certainly, they can be tremendous tools, but they also can be major distractions in the workplace. A recent survey from CareerBuilder placed cellphones at the top of a list of productivity killers at work, more of a problem than office gossip, social media, smoke breaks, and other diversions.  Phones are now so much more […]

Comey debacle a lesson in how not to accomplish a firing

by Michael P. Maslanka Wow, talk about a week full of “breaking news” with President Donald Trump (a la his role in The Apprentice) telling FBI Director James Comey, “You’re fired.” To recap: Comey was fired in the midst of the FBI’s investigation into whether Trump’s presidential campaign colluded with the Russians to rig the […]

7 things I learned while practicing labor and employment law

by Tom Daniel I have had the privilege of practicing labor and employment law in Alaska for 31 years. Over that time, the law has become more complex, and more laws than ever before now apply to the employment relationship. Here are some nonlegal principles I have learned that might help you avoid legal disputes […]

3 emerging trends for employers to watch

by Bryan R. Cokeley The following article provides an overview of how the law might change in the near future based on three issues that employers across the country have been grappling with.  1. Ban-the-box legislation The United States incarcerates a larger percentage of its population than any other industrialized country. Consequently, our correctional facilities […]

Need to root out FMLA abuse? Requesting recertification a valuable tool

The federal Family and Medical Leave Act (FMLA) often enables employees dealing with serious health conditions to hold down a job while also attending to their medical issues. Used properly, it can be a win-win for both the employee and the employer. But many employers can tell war stories about challenges in administrating FMLA leave: […]

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10 steps to take before responding to a charge of discrimination

by Susan Hartmus Hiser After the Equal Employment Opportunity Commission (EEOC) receives a discrimination complaint from an employee, it begins gathering information about the allegations of discriminatory treatment. That process includes asking the employer to provide relevant documents. Additionally, the agency typically will ask the employer to submit a position statement setting out its response […]

No spin here: O’Reilly case shows ‘high performer’ not worth harassment factor

When Fox News paid some of the $13 million needed to settle sexual harassment claims against O’Reilly Factor host Bill O’Reilly, it seemingly failed to fully address the problem. The company didn’t thoroughly investigate or take appropriate remedial action until there was public pressure to do so, according to news reports. Employment law attorneys say […]

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Do I have to pay my summer help? Avoiding FLSA liability for internships

by Joseph U. Leonoro With summer almost upon us, many companies will be hiring college and high-school students to work as interns. Often, employers pay interns only a small stipend or don’t pay them at all. It may make good business sense not to pay interns because they usually aren’t bringing the same experience, skill, […]

New methods + new thinking = new day for performance management

Nearly everyone has opinions—and complaints—about performance management. The annual performance review in which employee and supervisor fill out a form and sit down for a talk is rapidly going out of style. Although that system addresses an employee’s strengths and weaknesses and may even include a discussion of goals for the future, it’s increasingly seen […]