By Mike O’Brien Get ready to take a new look at your employee handbook. The National Labor Relations Board (NLRB) is widely expected to issue a decision soon that will mean increased scrutiny of common types of workplace rules, including civility and conduct rules. In a case pending before the Board, its General Counsel submitted a brief last month urging a return to an … [Read more...] about Civility & conduct rules, marijuana, and website access & ADA on the HR radar
Compliance
Reference checking: I thought they weren’t allowed to say that
What’s your understanding of the reference checking process? If you’re like most managers and job seekers, you probably think former employers are only allowed to confirm previous employment dates and title. Certainly they cannot, and will not, offer negative commentary about workers as it would be a violation of corporate policy—and perhaps it is illegal as well. If this is … [Read more...] about Reference checking: I thought they weren’t allowed to say that
Russian-American workplace discrimination: It’s a thing now
By Lynne Curry Question: Like many other employees that need highly skilled employees and want to diversify their labor pool, ours has hired several Russian emigrants. Other than coworkers complaining that these employees’ accents make understanding them difficult, we had no problems—until Russia invaded Ukraine. At first, nothing occurred that created worry. Many of our … [Read more...] about Russian-American workplace discrimination: It’s a thing now
High at work: Anyone else smell that?
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?
Florida’s new “Stop Woke” law impacts workplace training
By Mike O’Brien “Stop Woke” Act passes Florida Senate New legislation in Florida (HB 7) prohibits any teaching that could make students feel they bear “personal responsibility” for historic wrongs because of their race, color, sex, or national origin. But the legislation’s reach doesn’t end in schools. In the workplace, employment practices or training programs that cause an … [Read more...] about Florida’s new “Stop Woke” law impacts workplace training
Harassment continues in era of remote work
By Mike O’Brien In the early days of the pandemic, there was speculation that workplace harassment would decrease when so many workers shifted to remote work. Some recent surveys indicate that hasn’t been the case, and that incidents of harassment have been increasing. Possible reasons for this spike include the stress of the pandemic, the fact that remote workers may lack … [Read more...] about Harassment continues in era of remote work
Target top 5 compliance and HR topics this year
By Doug Striker It has been incredibly challenging to keep up with changes in compliance laws for law firms and corporate legal departments over the past couple of years. COVID-19, social justice movements, consumer legislation, and employee expectations and attitudes have all contributed to a fraught compliance landscape. Consider these compliance priorities—identified by … [Read more...] about Target top 5 compliance and HR topics this year
EEOC updates guidance related to COVID-19 and ADA
By Mike O’Brien The EEOC recently released updated guidance on the intersection between COVID-19 and major federal employment laws. In particular, the agency explained that COVID-19 may be considered an ADA-protected disability in certain cases. While mild or asymptomatic cases of the illness do not constitute an ADA-protected disability, other more severe cases, including … [Read more...] about EEOC updates guidance related to COVID-19 and ADA
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
A staffer hands you a two-week notice: What’s next?
By Paul Edwards It’s 4:30 on a Friday afternoon, and one of your employees knocks on your door asking to come in. They’re avoiding eye contact, they’re fidgety, nervous… This can’t be good news. You imagine accidentally shredded payroll reports, stolen laptops full of client information, or something equally catastrophic. But when the employee tells you what’s going on, it’s … [Read more...] about A staffer hands you a two-week notice: What’s next?