One Promotion Too Far
As human resources consultants, we see all sorts of reasons for businesses deciding to terminate employees, ranging from gross misconduct to plant closures. But there is one scenario that comes up from time to time that always strikes me as a particularly unfortunate loss of talent – when a good employee gets promoted into a…
Read MoreIt’s Time to Review Your Employee Handbook
NLRB rulings and new anti-harassment, marijuana and leave laws may prompt changes. A new year inevitably brings new workplace laws, whether at the federal, state or local level. So January is usually a good time for HR professionals to review their employee handbook and make changes. Staying abreast of the evolving regulatory environment remains one…
Read MoreCaught Between a Rock (Labor Law) and a Hard Place (Employment Law)
What would you do if one morning you saw on the overtime volunteer list on your company bulletin board that an employee had handwritten across the top of the list the words “Whore Board?” I think I know: You would fire that employee, assuming you could identify who it was. However, what if this all…
Read MoreEmployer’s Good Faith Belief as to Employee’s Misconduct Sufficient to Support Termination
In a case that offers good news to employers, the U.S. Court of Appeals for the Eighth Circuit, with appellate jurisdiction over the following United States district courts: Eastern District of Arkansas Western District of Arkansas Northern District of Iowa Southern District of Iowa District of Minnesota Eastern District of Missouri Western District of Missouri…
Read MoreDifferent Standards Apply to Equal Pay Act and Title VII Pay Discrimination Claims
The U.S. Court of Appeals for the Second Circuit, with its territory comprising the states of Connecticut, Vermont and New York, held that a plaintiff does not need to establish a violation of the Equal Pay Act in order to maintain a pay discrimination claim under Title VII. As the Second Circuit noted in Lenzi v.…
Read MoreTime Is Money: A Quick Wage-Hour Tip on … Inclement Weather
As winter once again approaches, employers, particularly those in cold-weather states, face the recurring specter of inclement weather affecting business operations and employee attendance. While the weather may create stress and disruption for a business and its people, employers must not lose sight of the fact that the rules governing how you pay your employees…
Read MoreFour Ways of Avoiding Liability on Common Wage and Hour Compliance Issues
Wage and hour lawsuits are big news these days. Jury verdicts and settlements capture headlines warning of damages and fees totaling seven or more figures, and class certifications in pending cases exponentially expand the risk posed by a single miscalculation or mistaken designation. How can employers best reduce the risk of becoming the next cautionary…
Read MoreNLRB Gives Employers Back the Right to Restrict Employee Use of Work Email
On Tuesday, December 17, 2019, in Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, 368 NLRB No. 143, the National Labor Relations Board (the Board or NLRB) held that an employer may restrict the use of its email system if it does so on a non-discriminatory basis, effectively reinstating the holding of Register Guard, 351…
Read MoreThe NLRB’s Gift of Policy Guidance
As many of you may know, I am a handbook nerd. I think handbooks and the policies contained within are wonderful (ask me about how each handbook is both a sword and a shield). Company policies are as varied as the printing on wrapping paper, and can be edited in more ways than you can…
Read MoreLabor Department Clears the Way for Employee Perks
Employees appreciate employee discounts, tuition reimbursement, prizes of small value, and wellness benefits. But those perks had been put in danger in recent years by lawsuits claiming that employers should have paid overtime on their value. On December 12, 2019, the U.S. Department of Labor saved these and other welcomed extras by issuing revised regulations…
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