Tag: Protected Activity

Methinks thou doth protest too much! FYI, only ‘reasonable’ opposition is protected

It seems that every day the news is full of stories about employees (whether they are NFL players or Hollywood starlets) protesting unfair treatment. Usually, when an employee complains about discrimination, harassment, equal pay, or other work-related topics, he or she is protected from discipline or termination because the conduct is considered “protected activity” under […]

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Olympics and the power of positivity and unity

They did it again. The Olympics sucked me in. I am an admitted hard core sports fan when it comes to my professional teams, but like most people I’m not usually watching swimming, beach volleyball, or [fill in the blank with virtually any other summer Olympic sport] in my free time. However, I always get […]

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Political speech in the workplace

by Thomas J. Lloyd III This election season has already proven to be, in certain respects, more animated than any that has ever come before. An ever-changing political landscape, fueled in large part by social media activism, has brought once-foreign political issues directly into the homes and workplaces of nearly every American. As the primaries […]

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What HR must do when customers harass employees

by Michele L. (Warnock) Brott What business doesn’t value its customers? After all, the customer is always right. The trouble is, customers are people, too, and people come with a variety of biases and bad behavior that can create issues for employers. In other words, racist, sexist, or discriminatory customers can present a liability problem […]

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Exercise Aniston-esque restraint when analyzing offensive employee posts

by Ed Carlstedt This week’s employment law lesson comes to us from the movie Horrible Bosses. In the movie, Julia (played by Jennifer Aniston) is a dentist who employs dental assistant Dale (played by Charlie Day). After Julia uses her boss status to torture and torment Dale for most of the movie, Dale finally records […]

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5 ways to finish the year on a high note

by Jan L. Fox As you began 2015, you probably made resolutions and promised yourself you would do better in the new year. As 2015 comes to a close, it’s still not too late to improve your professional practice. Here are five things an HR manager can do to bring 2015 to a successful conclusion. […]

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The NLRB―the new elephant in the room

by Mark Flora Recently, I realized that my desk was covered with recent National Labor Relations Board (NLRB) decisions (and articles about those decisions) I needed to review. The problem is, the Board is intruding into nonunion workplaces with such ferocity that it is impossible to keep up. The self-described Rip Van Winkle of government […]

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Office politics: why you shouldn’t care who likes Ike

by Timothy M. Barber With another round of contentious elections upon us, employers should brush up on federal, state, and local laws related to political affiliation discrimination.  The political season Fall in America: football, brightly colored leaves falling, and another cycle of contentious elections. Recent elections have involved important issues affecting businesses and employees—issues that […]

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Cursing, fighting, and screaming could be protected under the NLRA

Too bad workplaces don’t come with the technology that allows employers to replace curse words with the bleeps so often heard during profanity-laced tirades on television. Then, maybe, the National Labor Relations Board (NLRB) wouldn’t be called on to settle disputes such as one that occurred after a bikini contest at a Hooters restaurant in […]

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OSHA and the NLRB gang up on employers

by Jeffrey A. Gruen The Occupational Safety and Health Administration (OSHA) will now refer all untimely retaliation claims to the National Labor Relations Board (NLRB) to determine whether an employer engaged in an unfair labor practice (ULP) under the National Labor Relations Act (NLRA).   Background On March 6, 2014, David Michaels, OSHA’s assistant secretary of […]

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