Recently in Human Resources Policies Category
To the two of you who are reading this today, welcome. And hello to the rest of you who are three drumsticks to the wind, joining us on Monday between incognito searches in office of Amazon.com's Cyber Monday Deals.
(I won't tell...)
But check it. While you browse back and forth on the qt, I'll fill you up after the jump with
leftover sweet-potato casserole dozens of great posts from some of the best HR bloggers around. And since it's the season of giving, I'll even hook you up with some shopping deals too.
It's the Carnival of HR: Cyber Monday Edition!
* * *
Do you call HR when someone says something you don't like? What about if they confess a secret? What if you over hear something that wasn't meant for your ears?
And what should HR do about it?
Last night, labor-and-employment-law attorney Daniel Schwartz, who blogs at the Connecticut Employment Law Blog, Liz Ryan, founder and CEO of Human Workplace, and I joined The Huffington Post's Nancy Redd on HuffPost Live answering these and other related HR/workplace questions.
The video is embedded below (or you can view it here).
[Editor's Note: The original theme for this post was the "Employment Law Blog Carnival: Sex, Drugs, and Rock & Roll Edition." I had this bright idea to begin by cutting and pasting the lyrics to Guns N' Roses' "My Michelle," and, let's just say I bailed after the first line.]
So that leaves us with Plan B, where, after the jump, I have aggregated some of the best, recent posts from around the employment-law blogosphere and fit them together into a single theme: an open casting call.
Because just the other day, this theme came to me after waking from a Codeine/Claritin-D/Mucinex DM-induced slumber, in which I dreamt about casting a recent post of mine -- the one where an employee lost out on an FMLA retaliation claim when her employer fired her after finding Facebook photos of her drinking at a local festival -- while on FMLA. My movie will star Kim Kardashian, in her silver screen debut, as the employee. And Alan Thicke, who played Dr. Jason Seaver on "Growing Pains," could play the company decision-maker. We'll call it "FML Aye Yai Yai!"
[Editor's Note: I'm throwing Thicke a bone here. Don't you think? According to IMDB.com, he just finished production on "Fugget About It", in which ex New York mobster Jimmy Falcone joins the Witness Protection Program and is relocated, with his family, to Regina, Saskatchewan, Canada. Fugget about it, indeed.]
So that's the idea. More great posts and imaginative casting decisions, after the jump...
* * *
If an employee complains that her supervisor is sexting her, making unwelcome physical contact, and telling her that she can get a better work schedule in exchange for "small favors," you better damn well investigate that!
Ignore it and you risk losing a valuable defense to sexual harassment claim. This is because, generally, to avoid liability for sexual harassment, an employer must demonstrate that it undertook reasonable care to prevent and promptly correct harassment.
But the failure to investigate could cost an employer even more. Like a dead-to-rights retaliation claim too.
Really? Retaliation too? Yes. I'll explain after the jump...
Screw all that! Ten tips is so last year.
*** Big dork say "what" ***
"What! What!" After the jump, I've collected 72 ways to hold an office holiday party that won't interfere with you ending the year on an HR high-note...
This Jerry Sandusky situation is blood curdling. I won't rehash the facts. But in case you've been living under a rock for the past few days, you can read about them here.
I am not going to comment on Penn State's moral compass. Rather, as a labor-and-employment-law attorney, I see plenty of lessons for employers. Let's just focus on three simple ones:
- Take complaints seriously. Always. Fortunately, most employers do. Those who don't appear to condone the behavior.
- If the behavior is criminal, immediately contact the police. By doing nothing, you give the actor both time and impunity to harm others.
- Do something about the complaint. Investigate and follow with action that is reasonably designed to ensure that the offensive behavior does not happen again. If the offensive behavior is serious enough, fire fast.
In keeping with The Employer Handbook tradition (and so as not to reverse any good black and gold mojo), once again, I will follow a Bruins OT playoff win...
(cue the music...)
...with a look at an employee's right to review his/her personnel file. Last week, we explored whether Pennsylvania businesses must cede to an employee request to review his/her personnel file.
After the jump, same question, different state: Delaware.
Keeping with this week's smoking theme, I see that the The New York Times recently ran a story discussing how some employers are refusing to hire smokers. The article warns, ""Smokers now face another risk from their habit: it could cost them a shot at a job."
But is this legal? Can an employer really refuse to hire someone who smokes?
To learn the answer, check out a recent post I did at The Legal Intelligencer.
What is this Carnival of HR of which I speak? Originally started way back in February 2007 by Suzanne Lucas aka the Evil HR Lady, the Carnival of HR is dedicated to bringing together the best posts from the HR blogging community! Any employer (not just my peeps in Pennsylvania, New Jersey, and Delaware) could learn a lot from the wide variety of articles at the HR Carnival.
This week, Suzanne Lucas is back hosting the Carnival of HR. And I am pleased that she has incorporated one of my recent posts about how employers should, every once in while, cut their employees some slack.
You can find the latest edition of the Carnival of HR here.
Have a nice weekend!
At the party, I like to
drink Four Loko boilermakers all night until I get blackout drunk socialize with colleagues for a few hours before cabbing home for the evening. Generally, I go crazy have a good time. But I rarely always keep it in check. There are others like me at OTHER holiday parties who succumb to the sweet nectar of the gods get a bit tipsy after consuming too many drinks. And where there's Tipsy, both Handsy and Sailormouth generally come out to play too.
will could happen at your business. So what steps are you taking to prepare for this inevitability possibility (besides having my number on speed-dial)? Not sure what to do? I'll help you with some tips after the jump.
Recently, I had an article published in Bloomberg Law Reports about how employers can reduce their potential exposure to employee litigation by implementing a strong anti-harassment policy and then coupling that with training for supervisors and employees. If I do say so myself -- and I do -- this is a good read for any employer.
You can read my article here.
The Patient Protection and Affordable Care Act , enacted earlier this year, amended the Fair Labor Standards Act (FLSA) to require a "reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk." Employers are also required to provide "a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk." (Check out this fact sheet for more information)
It seems that one Iowa employer didn't get the memo. Instead, it now has a potential lawsuit. Read all the messy details, after the jump...
Now OSHA is expanding its taking aim at a new target: distracted-driving. Read how, after the jump...