By Paul Edwards More often than you would think, we get calls from managers wondering what they can do about someone whom they think is impaired at work. When that happens, we immediately go into crisis control mode because, well, impairment at work is never acceptable. In this article, we are going to discuss impairment and odors from the perspective of marijuana … [Read more...] about High at work: Anyone else smell that?
Termination
6 things to do when remote workers want to move to another state
By Mike O'Brien Is it a problem for a law office suddenly to have an unplanned, unexpected, and perhaps undesired branch office when an employee moves to another state? Yes! The United States has a national government, state governments, and local governments. They each have powers over employers and make laws that typically apply to and protect people subject to the various … [Read more...] about 6 things to do when remote workers want to move to another state
Firing documentation that makes sense
By Lynne Curry As an expert witness (qualified in court in management best practices, HR, and workplace issues), I’m often handed documentation by attorneys or employers who ask, “What do you think? Will it convince a regulatory agency or jury this employee needed to be fired?” My most frequent answer: “This documentation doesn’t make the case.” Here’s why. It doesn’t … [Read more...] about Firing documentation that makes sense
The least you need to know about at-will employment
By Paul Edwards At-will employment can seem freeing for employers, but it can also provide a false sense of security. On the one hand, it’s liberating to be able to terminate employees for any lawful reason at any time. On the other, unlawful termination—or activities that can be construed as such—can put you at risk for litigation and are not protected by the tenants of … [Read more...] about The least you need to know about at-will employment
Eligible/ineligible for rehire vs. constructive discharge
By Lynne Curry Here’s a real-life question where the employee feels she has an issue—but it’s truly the employer’s problem. Question: After working for an abusive supervisor for more than a year, I plan to give notice. The last straw was when she confronted me yesterday. She said I hadn’t completed a project, and she expressed her dissatisfaction by grabbing my arm and … [Read more...] about Eligible/ineligible for rehire vs. constructive discharge
Don’t write a positive reference for a problem employee; instead…
By Lynne Curry bio Question: After an investigation, we fired one of our employees for threatening and stalking two co-workers. He now demands a positive letter of reference, which I'm writing. I tried to appease him with an innocuous letter that gave the dates on which he'd worked here along with what his job duties were. He refused to accept this, and frankly he scares … [Read more...] about Don’t write a positive reference for a problem employee; instead…
EEOC charges down but lawsuits rising
By Mike O'Brien bio EEOC data for FY2020 show dip in charges filed The Equal Employment Opportunity Commission (EEOC) released its Fiscal Year 2020 Enforcement and Litigation Data report on Feb. 26, 2021. The EEOC reports that 67,448 charges of discrimination were filed in the fiscal year ending Sept. 30, 2020, compared to 72,675 charges filed in the previous fiscal year. The … [Read more...] about EEOC charges down but lawsuits rising
Supreme Court ruling extends workplace protections to LGBTQ workers
By Mike O’Brien bio SEXUAL ORIENTATION AND TRANSGENDER STATUS NOW ARE PROTECTED CLASSES NATIONALLY: Federal civil rights law protects gay, lesbian, and transgender employees, the United States Supreme Court announced June 15 in a landmark ruling. The historic decision will extend workplace anti-discrimination and anti-harassment protections to about 8 million LGBTQ workers … [Read more...] about Supreme Court ruling extends workplace protections to LGBTQ workers
New overtime rule now in effect
By Mike O’Brien bio Jan. 1, 2020 was the deadline to comply with new FLSA overtime rule. At the end of September the Department of Labor issued its long-awaited final rule updating the salary level test for white-collar overtime exemptions under the Fair Labor Standards Act. Under the new rule, the minimum salary level for exemption is raised from $455 a week to $684 a week, … [Read more...] about New overtime rule now in effect
Immigration alert, social media, salary threshold, minimum wage, trafficking and more
By Mike O'Brien bio Immigration alert—more Social Security "no-match" letters to issue this fall: The Social Security Administration (SSA) just announced its plan to mail a second set of "no-match letters" to employers this fall. These notices request employers to reconcile wage reports and credit employees' earnings to their Social Security records, stating there is … [Read more...] about Immigration alert, social media, salary threshold, minimum wage, trafficking and more