Author: Mark I. Schickman, Schickman Law

Work Should Be a ‘No Politics’ Zone

Institutions around the country are in turmoil, subject to loud clamoring about events in the Middle East. Many members of their communities are making claims of anti-Semitism, while there are counterclaims of Islamophobia. Public universities and institutions may have no way to avoid those disruptions, but fortunately private employers need not be pulled into that […]

HR+AI 2024: A Live Event in NYC

Artificial intelligence is no longer a thing of the imagination, sci-fi movies, and comic books. If anything, it’s quickly becoming a part of daily life. 63% of AI users are satisfied with generative AI tools in assisting decision making, and 42% of those who don’t currently use AI plan to in the coming year. For […]

Are College Degrees Losing Their Luster? Some Employers Think So

A recent survey of U.S. employers found that 45% plan to cut out their bachelor’s degree requirements for some positions during 2024. That survey also found 55% of companies had removed degree requirements during 2023. Another telling statistic: Four in five of the employers surveyed said they value experience over education when they evaluate candidates […]

Are You Protecting Your Organization in the Age of Generative AI?

Whether to integrate generative artificial intelligence (GAI) into an organization has been top of mind in many corporate boardrooms. In today’s rapidly evolving business landscape, GAI technology adoption holds immense promise for driving innovation, enhancing productivity, and gaining a competitive edge. However, along with GAI’s opportunities, it also brings myriad risks and uncertainties. From data […]

Ask the Expert: Is PTO Appropriate When the ADA Doesn’t Require a Paid Leave of Absence?

Question: We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended a few weeks of time off until specific medical restrictions can be determined. What is our obligation to pay this employee during this doctor-recommended leave of absence? Answer: The leave of absence […]

Texas Supreme Court Gives Drafting Lesson on Employee Write-Ups

A recent decision by the Texas Supreme Court provides a valuable lesson for employers on how to draft employee discipline. Let’s start by examining law theory and then move on to look at how to put theory into practice. Legal Theory An important concept in Texas employment law is causation in a retaliation claim. For […]

Ask the Expert: Clear, Consistent Paid-Time-Off Policies Are Vital

Question: An employee worked his entire 40 hours by Wednesday and has requested paid time off (PTO) for Thursday and Friday, bringing the week’s total hours worked to 56. Are we required to pay him for the additional requested time, considering he had already worked his 40 hours and our handbook says PTO is to […]

Healthcare Industry Diagnoses Impact of FTC’s Noncompete Rule

Last year, the Federal Trade Commission (FTC) issued a proposed rule to ban most noncompete agreements nationwide, with very limited exceptions. The sweeping rule forbids any contractual term between an employer and a worker that prevents the worker from accepting employment with a competitor or operating a competitive business after the conclusion of the worker’s […]

AI in the Workplace: Crafting Policies for Employees’ Use of Generative AI

Artificial intelligence (AI) is becoming increasingly prevalent in workplaces, providing new opportunities and new challenges for employers and employees. While AI has the potential to improve efficiency and productivity, its use also raises important questions around issues like privacy, discrimination, and job displacement. Employers that choose to implement AI should consider including a provision in […]

Case Study: What to (Remotely) Expect When Your Employee Is Expecting

The COVID-19 pandemic opened the floodgates for requests to work remotely as a disability or pregnancy accommodation under state and federal law. Many employers have been unsure how to handle such requests, and there hasn’t been much guidance from the courts on the topic. But that’s changing. Here’s what one Illinois appellate court has to […]