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Posts by Joe Boone

Men Refusing To Work Alone With Women: The HR And Legal Guide

Can a sincerely held religious belief – or a wife’s personal jealousy – justify a male employee refusing to work with women coworkers or other professional contacts? A federal district court in North Carolina is poised to answer this question. The case pending there has drawn substantial national attention because it represents the first legal…

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‘No Leave Available’ Text Supports ADA Claim

A sales associate at a Dollar General store who asked how to request leave and was told by text that no leave was available could proceed with her Americans with Disabilities Act (ADA) failure-to-accommodate claim, the 8th U.S. Circuit Court of Appeals ruled. The plaintiff was a lead sales associate at a Dollar General store…

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Cyber Monday And Online Shopping: 3 Things Employers Need To Know

It’s that time of the year again. Cyber Monday — the first work day following the Thanksgiving break — is expected break online shopping records. In 2018, retailers saw a 20% increase in Cyber Monday revenue as consumers spent over $7.9 billion on online transactions. Surprisingly, Cyber Monday has begun to outpace Black Friday, which…

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When They Need to Take FMLA Leave, Who Should Workers Tell?

Employees must notify employers of their need to take time off under the Family and Medical Leave Act (FMLA) when such leave is foreseeable, but who exactly should they tell? Their supervisor? HR? A third-party administrator (TPA)? Multiple people? The answer may depend partly on when the leave is requested (e.g., initial notice versus subsequent…

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Deck the Halls and Pack the Malls: 10 Issues for Seasonal Employee Hiring

The holiday season is nearly upon us, and the shopping frenzy is about to commence. This annual phenomenon brings the hurried engagement of seasonal employees, with thousands of these retail elves helping manage the increased workload. While seasonal employees generally work for only three to six months over the holidays, their brief tenure raises several…

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Political Discord Is Disrupting the Workplace

Republican, Democrat and independent employees have something in common in these partisan times: Nearly half have had a disagreement in the workplace over politics, according to new research released today. The survey, fielded Oct. 7-14, suggests that many workers are involved in political discussions in the workplace and that those discussions are leading to conflicts: 56 percent of U.S. employees say…

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Just in Time for the Holidays – Does the ADA Require Braille on Gift Cards?

While litigation regarding accessibility of websites and mobile applications continues to swell, plaintiffs’ counsel are now pursuing new claims in serial litigation. With the holidays quickly approaching, many attorneys have set their sights on gift cards. Between Oct. 24-27, 2019, 33 putative nationwide class action cases were filed in two U.S. District Courts against an…

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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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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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