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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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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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