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Archive for October 2019

Six Ways to Deal With Employee Absenteeism

At first glance – or late clock-in – employee absenteeism and tardiness may not seem that big of a deal; after all, emergencies happen. But what if absenteeism stops becoming every now and then, and instead becomes a pattern of behavior? Employee absenteeism can be difficult to address once it’s become a habit, or accepted…

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How Employers Can Avoid A Haunted Holiday Season

October is the start of the holiday season. While this is an exciting part of the year, it is also a time ripe for workplace issues. If these situations are not properly planned for and managed, they could haunt the workplace far beyond the holiday season. Three of the issues most frequently faced by employers…

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Has #MeToo Created a New Claim of Male-Bias Discrimination?

Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a mid- or lower-level employee, is not a stellar performer, and involved in a largely he said/she said situation.…

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DOL Issues Opinion Letter on FMLA Leave and IEP Meetings

The U.S. Department of Labor/Wage and Hour Division has continued its practice of issuing opinion letters. It recently issued an opinion letter that addresses the question of whether an employee may take FMLA leave to attend a Committee on Special Education (“CSE”) meeting to discuss a child’s Individualized Education Program (“IEP”). See DOL Opinion Letter…

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De mortuis nil nisi bonum

The death of an employee is an upsetting and traumatic occurrence. It is also very likely to be unexpected. Thus, it is preferable to have a basic framework in mind for dealing with such an occurrence before it happens. This post is intended to give you an overview of three of the many important considerations…

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Employers, Can You Fire An Employee For Being Gay or Transgender?

We will soon see—at least under federal law. What am I talking about? This past week, the Supreme Court of the United States (SCOTUS) heard oral arguments on three cases in order to decide whether discrimination based on sexual orientation, gender identity, gender expression, or transgender status constitutes discrimination “on the basis of sex.” Let’s…

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Verify, Re-Verify, But Don’t Over-Verify: I-9 Compliance During an Era of Increased Enforcement

There has been a surge in workplace enforcement actions by U.S. Immigration and Customs Enforcement (ICE), according to statistics published by Homeland Security Investigations (HSI), the division of ICE tasked with using civil investigations and criminal prosecutions to deter companies from hiring unauthorized workers. This surge in HSI investigations and penalties against employers signals a…

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Do You Need An Employee Handbook?

As a small business owner, it can sometimes feel impossible to do it all. It’s difficult enough to ensure that employees are performing quality work, let alone have to be concerned about issues with problems including attendance, the dress, and how each employee should work together. One of the ways to help enforce these rules…

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How to Avoid Missteps When an Employee Goes Through a Divorce

Employers must walk a tightrope between being professional but compassionate with employees going through a divorce, while remaining in compliance with employment and benefits laws. Sometimes employees going through a divorce falter and must be counseled on poor performance. Other times, they may need someone at work to simply listen as they talk about what…

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