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Do you think you could possibly read this? If it’s not a problem?

by Elizabeth Petersen By way of introduction, my name is Elizabeth Petersen, and I’m the executive vice president of BLR’s healthcare division. And my personal “fun fact” is that I played and coached rugby for 12 years. Although I’m unofficially retired from the sport, I still very much identify as a rugby player. The sport […]

Federal government slowly redefining joint-employer doctrine

In recent years, business relationships have increased in complexity. So, among all the independent contractors, franchises, joint ventures, and internships, just who is an employee? And which company—or companies—is the employer? Federal and state regulators are taking a new look at those questions and responding with new interpretations and new regulations. The federal government, in […]

IT

New Oregon data security law takes effect January 1

by Joanna Perini-Abbott Oregon’s expanded data breach law will take effect January 1, making two significant changes to the old law—a notification requirement and a change in the definition of “personal information.”  Like the old law, the new law requires businesses that maintain personal information digitally, including information about employees, to notify Oregon residents whose […]

training

Millennials and AI Require Shift in Leadership Training

In a previous post, we discussed two steady trends that are increasingly requiring businesses and other organizations to rethink their approach to leadership training.

How to avoid retaliation claims when timing raises red flags

What's an employer to do when there is ample documentation to terminate an employee, but the employee has recently engaged in a protected activity? For example, what if the employee files a workers' compensation claim or takes FMLA leave in close proximity to performance issues? This presents a real timing dilemma for employers: Doesn't it look retaliatory to terminate the employee immediately after the protected activity?

‘Liking’ Facebook Post About Employer Is Protected Concerted Activity, Says NLRB

The National Labor Relations Board ruled that “liking” a Facebook post criticizing an employer’s business practices constituted protected concerted activity for one restaurant employee, making his resulting termination unlawful. The Board also found violations in a number of the company’s other actions, including interrogating employees about the Facebook posts, threatening legal action and maintaining an […]

Joint Employer Not in Compliance? You’re Not in Compliance!

Your organization may be in compliance with wage and hour laws, but are your “joint employers” in compliance? If they’re not, you could end up liable. Two or more employers may be deemed to be “joint employers” of an employee under the FLSA. If either employer violates the FLSA, they will both be liable. Some […]

Phyllis’ Wedding

As I said before, being a jerk isn’t illegal.  Typically.  And Michael’s conduct, although extremely self-centered and rude, probably does not violate anything more than the accepted standards of conduct in polite society.  But rude conduct at work can be more problematic.  At least according to a recent case from the Delaware Supreme Court. Recently, the […]