Four New Year’s Resolutions for Employers

New Year’s resolutions are common. Many people attempt a “dry” January. Others a dry February, because there are less days in the month. As we close out the first month of 2024 here are four proposed New Year’s resolutions for employers that can minimize the risk of exposure and reputational damage in this ever-changing legal…

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At a Glance: Termination of Employment in USA

Termination of employment Grounds for termination May an employer dismiss an employee for any reason or must there be ‘cause’? How is cause defined under the applicable statute or regulation? Unless the employer contractually agrees otherwise (either in an individual employment agreement or a collectively bargained agreement), most employment in the United States is at…

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What to Do When You Get an EEOC Subpoena

Not surprisingly, over the last 12 months, we have had this question come up quite often from employers. The EEOC has some new laws in its arsenal (i.e., the Pregnant Workers Fairness Act, the PUMP Act) and is likely to release new guidance on harassment. Keeping that in mind, we anticipate investigators will be interested…

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How Do We Handle Drug or Alcohol Impairment in the Workplace?

Here is a question we received via email from a company with multiple locations in different states: We are a manufacturing company with facilities in multiple states. We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use. We are particularly concerned about…

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Pros and Cons About Zero Tolerance Policies

Recently, a white employee was fired under a company’s zero-tolerance policy when he was overheard discussing a rap artist on a company phone. In another incident, a school security guard in Madison, Wisconsin, who was Black, was fired under the school district’s zero tolerance policy when he objected to a student referring to him using…

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Why Do You Need a Handbook Disclaimer and What Should Be In It Anyway?

If you’re like most employers right now, you’re in the process of reviewing your Employee Handbook to see if it needs to be updated. A recent Alabama state court decision offers valuable lessons to all employers with employee handbooks (not just those in Alabama) on the importance of a properly drafted handbook disclaimer. Now, in…

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