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Policies and Procedures

#SHRM13 Day Two: The Great Unknown Is 2014 and the Health Care Reform Law

June 17, 2013
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It seems to me that some companies are looking for the magical fairy dust that will make the Affordable Care Act compliance issues go away.
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Federal Court Says 'Black Swan' Interns Should Have Been Paid

June 14, 2013
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A federal court ruled in favor of the plaintiffs, who were unpaid interns for Fox Searchlight Inc. during the company's production of the film 'Black Swan,' deciding they should have been paid for their services.
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San Francisco May Flex its Muscle on Flexibility - and Stability

June 12, 2013
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Could it be that San Francisco values—including flexibility and stability for workers—can create value for both employees and employers?
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What Do You Do When an Employee Refuses to Complain?

June 12, 2013
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Harassment is harassment, regardless of whether the victim complains or management learns of the harassment allegations another way. A company's obligations to investigate, and, if necessary, take corrective action does not change merely because the victim won't cooperate.
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Your Employees Are BYODing, Whether You Like It or Not

June 6, 2013
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Seventy percent of employees who use personal devices at work are using a smartphone, and of those employees, more than one-third bring them to work either without the knowledge of their IT department, or in spite of an outright corporate ban on personal devices in the workplace. These numbers mean that a bring-your-own-device program is no longer an option, but should be required.
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Controlling the Discrimination Case

June 5, 2013
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How a court frames who is, and who is not, “similarly situated” can be dispositive of the issue of discrimination. For this reason, it is wise to examine any potential similarly situated employees for similar or dissimilar treatment under like circumstances before taking action against a protected employee.
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Facebook Posts as Evidence of Retaliation

June 4, 2013
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Facebook, Twitter, and other social media channels can prove to be treasure trove of protected information—information about an employee's personal and family medical issues, religious issues, genetic information, and, like this case, protected complaints about discrimination.
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Lactation Discrimination Equals Pregnancy Discrimination

June 3, 2013
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Because men cannot lactate, it is discriminatory to deny an employee's lactation request, because such a denial would necessarily treat women (or, more specifically, child-bearing women) differently than men.
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There Are No Magic Words to Invoke the FMLA

May 29, 2013
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When there exists any doubt over whether an employee is seeking time off for a reason that could qualify under the FMLA, there is no harm in treating the request as one for FMLA leave.
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