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Compliance

Fines, lawsuits and personnel crises, oh my!

February 20, 2015

By Steve M. Cohen  bio Sometimes people don't understand my concern for "mess management." They may see my warnings about personnel issues, potential lawsuits and government regulation as exaggeration. 6 heavy fines Let's take just a single area as an example. In one recent week, the U.S. Department of Labor laid heavy fines on a wide range of companies across the … [Read more...] about Fines, lawsuits and personnel crises, oh my!

State and federal monitoring can make a manager’s life complicated

February 6, 2015

By Steve M. Cohen  bio Managers can be excused for pulling out their hair over government regulations, but some are more likely to impact your office than others. Every state has a human rights commission that is tasked with investigating charges made by employees against their employers in issues of fairness. The federal government has its own human rights … [Read more...] about State and federal monitoring can make a manager’s life complicated

What to do when a lawyer harasses staffers but no one complains

February 6, 2015

Question: One of our attorneys continuously makes inappropriate remarks to the staff. He thinks the remarks are funny. The staff don't complain, but what's said is obviously inappropriate. Everyone likes the lawyer, and the other lawyers want to keep him on staff. They have counselled with him, but he continues. What should we do? Answer: No office can afford to turn a blind … [Read more...] about What to do when a lawyer harasses staffers but no one complains

One employee complaint can change your reality

January 23, 2015

By Steve M. Cohen  bio Sometimes it's difficult to communicate to employers just how much federal and state law impact businesses and organizations when an employee makes a complaint. By this, I mean virtually any allegation, whether it's an accusation of sexual harassment, bullying or an alleged workplace safety hazard. It doesn't matter if you doubt the complaint or have … [Read more...] about One employee complaint can change your reality

Whistleblowers get more protection than you think

January 2, 2015

By Steve M. Cohen  bio Employees who successfully don the cloak of a whistleblower have a surprising amount of protection. Several categories of whistleblower protection exist, depending on the industry and alleged topic of the whistleblower's alarm. But in many, even most cases, whistleblower laws make allegations of organizational wrongdoing a protected … [Read more...] about Whistleblowers get more protection than you think

Protect yourself and your firm with a strong anti-retaliation policy

January 2, 2015

Most managers are skilled at preventing discrimination claims. But few pay close enough attention to the financial damage that retaliation, resulting from a discrimination claim, can have on a practice. The reality is that retaliation claims have a higher rate of success than discrimination claims. Retaliation claims not limited to victims Retaliation is any adverse action … [Read more...] about Protect yourself and your firm with a strong anti-retaliation policy

What every employee handbook absolutely, positively, must cover

December 5, 2014

No matter how small your firm may be, it needs an office manual. A manual is the authoritative source that explains what's expected of everybody. It's the firm's philosophy, and it's the rules and guidelines people have to follow. It is protection against employment law claims. And legalities aside, it prevents misunderstandings and hard feelings. Don't assume people … [Read more...] about What every employee handbook absolutely, positively, must cover

Electronic cigarettes: why your firm needs a “vaping” policy now

November 21, 2014

Your employment policies address cigarettes, and so you think you have the smoking issue covered. Well, think again. Electronic cigarettes have created new challenges for employers. Electronic cigarettes, also known as e-cigarettes, first became available in the United States in 2006 and have grown in popularity. Designed to look like cigarettes, they are battery-powered … [Read more...] about Electronic cigarettes: why your firm needs a “vaping” policy now

Is firing employees for medical marijuana discrimination?

November 14, 2014

All 7 of the courts that have confronted this issue in the past decade have ruled that employers can enforce zero tolerance drug policies to fire employees for lawful use of medical marijuana. Here’s the rundown: 2013: COLORADO (Federal Court) What Happened: Brewery employee with hepatitis C, fired after testing positive for marijuana, claims use was legal under … [Read more...] about Is firing employees for medical marijuana discrimination?

What state cannabis laws say about cannabis in the workplace

November 14, 2014

ALASKA: Nothing in law requires accommodating medical use of marijuana in place of employment [Title 17: Food and Drugs, Chapter 37. Medical Uses of Marijuana, Sec. 17.37.040(d)(1)]. ARIZONA: a. Unless failing to do so would cause an employer to lose a monetary or licensing benefit under federal law, employer may not discriminate against person in hiring, termination, … [Read more...] about What state cannabis laws say about cannabis in the workplace

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