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HR best practices, employment law tips, news and analysis, Q&As, and lessons learned from the courtroom.
When an employee complains to the human resources department that she’s the victim of sexual harassment, the proper course of action for the employer is to investigate the complaint. But once the investigation is complete and no evidence is found to support the accusation, it’s time to move on. Unfortunately, even the most thorough investigation […]
by Burton J. Fishman In a ruling that could make workplace investigations at unionized facilities all but impossible, the National Labor Relations Board (NLRB) reversed a 37-year-old precedent that protected employees from retaliation. Under the prior Anheuser-Busch standard, employers did not have to hand over witness statements, particularly from employees, to unions in discipline cases. […]
Employers may be reeling from what they see as swift and dramatic changes related to employment regulation. In recent months, they’ve found themselves dealing with new rules on union representation elections, an impending expansion of who is eligible for overtime, a more restricted view of the use of independent contractors, as well as an array […]
by Connor Beatty Each month, economists eagerly await the U.S. Department of Labor’s (DOL) jobs report. The report provides analysts a snapshot of the nation’s economic health by measuring the number of jobs the economy added or lost in the previous month. Based on a recent study, perhaps HR managers should review the monthly jobs […]
Perfume, air fresheners, even soap and shampoo are supposed to make the world more pleasant. But that’s not always the case, and those scented products can even present legal risks in the workplace. With many employees claiming an allergy or some other sensitivity to scented products, the human resources department may be tasked with solving […]
by Whitney Brown On August 26, a TV reporter and cameraman were fatally shot by a former coworker while on location doing a live interview in Roanoke, Virginia. That same day, a sous chef at P.F. Chang’s in the Northshore Mall in Peabody, Massachusetts, was stabbed to death by a coworker. Just this week, a […]
Employers write policies to make their workplaces run smoothly. When employees know the rules, expectations, practices, and procedures, they should be well-equipped to work productively and harmoniously. But as important as policies are, they can be problematic too. A survey released in August from Business and Legal Resources (BLR) shows what issues employers tackle with […]
by Brendan Gooley and John Herrington As many employers know, the list of potential plaintiffs who may sue an employer for alleged employment discrimination extends beyond current and former employees and includes rejected job applicants. We want to take the time to remind you of that unfortunate fact and offer five easy steps to minimize […]
by Mark I. Schickman Many of my clients are looking for ways to redefine the working relationship away from the employee model. There are various motives for this: the desire to avoid employee liability, the hope to avoid paying taxes and benefits, and the goal to avoid “head count” (whatever that means). But the law […]
by Burton J. Fishman Employers are beginning to comprehend how the widespread availability of medical marijuana will affect the workplace. Newly garbed with medical justification, more workers are claiming a “right” to use marijuana at work. Employers, confronted with a note from the ever-more- aptly-named “Dr. Feelgood” authorizing employees’ use of the drug, are often […]