Image Credit: Photofunia.com (https://photofunia.com/results/5d750cee089f7a9b358b4594) Last week, I blogged about a situation in which two employees alleged that their former employer retaliated against them for participating in a workplace investigation. Each claimed that the close timing between the investigation and their subsequent firing confirmed that there must have been some retaliatory…
The Employer Handbook Blog
NLRB: Maybe, after all, it’s not ok for employees to call their bosses nasty motherf***ers
Image by kdbcms from Pixabay Yesterday, the National Labor Relations Board announced here that it wants your input — actually your lawyers will have to submit a brief — “on whether the Board should reconsider its standards for profane outbursts and offensive statements of a racial or sexual nature.” Specifically,…
PODCAST: How to create a sexual harassment policy
Wolfmann [CC BY-SA 4.0], via Wikimedia CommonsWe’re two-thirds of the way through 2019, and companies continue to allocate significant portions of their legal budgets to addressing #MeToo and issues relating to sexual harassment in the workplace. This isn’t going away any time soon. Six states and one locality (NYC) have…
How many of you would risk the retaliation claim here? (I would)
Image by Clker-Free-Vector-Images from Pixabay You’ve been here before. One of your employees just complained about discrimination in the workplace. Or maybe s/he just participated in an HR investigation. A few days or weeks later, s/he violates your work rules and you have clear grounds to fire the employee. Now…
Do you use the FLSA’s fluctuating workweek method? Do you pay bonuses too? You’ll want to read this.
By U.S. Department of Labor – Converted from EPS version available here; there are EPS and PDF versions, Public Domain, Link Welcome to both of you. Under the Fair Labor Standards Act, an employer must pay non-exempt employees minimum wage and overtime for hours worked over 40 in a workweek.…
Could misclassifying an employee as an independent contractor violate the FLSA and federal labor law too?!?
By National Labor Relations Board – http://www.nlrb.gov/shared_files/Press%20Announcements/2010/A-08.pdf, Public Domain, Link Just because you say that an employee is an independent contractor doesn’t make it so. Many companies have found that out the hard way when the U.S. Department of Labor comes knocking for a wage and hour audit. But, could…
READ THIS: “Marijuana and the Workplace: It’s Complicated”
Image by CMElixirs from Pixabay If you’ve got workplace drug testing for marijuana all figured out, you can skip today’s post. As for the rest of you… There is a new article from Tammy Lytle in the Fall 2019 Issue of HR Magazine called “Marijuana and the Workplace: It’s Complicated.”…
Ok, let’s see how you guys did on yesterday’s social media policy quiz
Yesterday, in this blog post, I asked you to take this quiz. That’s the one where you were shown 11 common social media policies and had to decide which ones the National Labor Relations Board’s Office of General Counsel would conclude were lawful. So, how did you do? You did…
Common social media polices. Guess which ones are actually unlawful.
Image Credit: Photofunia.com (https://photofunia.com/results/5d62b23b089f7a97908b45c1) All right, Einstein. Let’s test your social media policy savvy. Earlier this month, the National Labor Relations Board’s Office of General Counsel issued an advice memorandum addressing your favorite topic: intermittent FMLA leave administration social media policies. (Editor’s Note: I’m pretty sure that social media policies…
The post-employment retaliation trap that your business needs to avoid
Image Credit: Carly Meyer Hold on a sec. Let me finish gnawing on that T-Bone from last Wednesday’s dinner at STK in Disney Springs. Ok, done. Vacation over. Time to start blogging again. Let’s see. What do we have today? What not to do after you settle a discrimination claim…