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Policies and Procedures

Protected Activity Doesn’t Protect Against Poor Performance

September 9, 2014
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Protected activity does not per se protect a poor performer from termination, provided that you can demonstrate a history of treating similarly situated poor performers similarly.
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Pull Over the Potty Police

September 3, 2014
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Unless employees seem to be abusing bathroom rights, or breaks interfere with performance or production, let them be.
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Legal Briefing: Contractors and Control

September 2, 2014
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Employers cannot avoid an employer-employee relationship with an individual simply by calling the individual an independent contractor. The right to control work details is controlling.
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Let Us Vote on SHRM’s Certification Plan

September 1, 2014
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Any claim by SHRM that its new certification will be superior to HRCI’s, Howard Winkler writes, ignores the fact that a second certification will dilute the value of HR certification overall.
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The ADA and Employer Inquiries About Prescription Drugs

August 28, 2014
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Surprisingly, the ADA is silent on these issues. But the 6th Circuit federal court attempted to give us some answers.
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The Difference Between Alcoholism and Drunk Under the ADA

August 25, 2014
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The ADA is never going to cover any employee who uses substances at work, let alone one who’s in an altered state a result.
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Cop Loses Big ADA Verdict on a Finding of No Disability

August 21, 2014
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Since Congress expanded the definition of 'disability' in 2009, conventional wisdom has said that most medical conditions will qualify for protection under the ADA. This case sets the bounds of the exception.
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When the Cat’s Paw Strikes Retaliation

August 20, 2014
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Retaliation claims remain harder for employees to prove, and easier for employers to win on summary judgment.
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Do Not Force Employees to Work During FMLA Leave

August 13, 2014
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FMLA leave is federally guaranteed for a reason. Don’t mess with that reason by requiring work (albeit paid and at home) in lieu of bona fide leave of absence.
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Do the Math: The ACA Means Correct Counting

August 8, 2014
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Employers who have not accurately counted the number and type of employees within their organization by Jan. 1, 2015, could end up with unnecessary expenditures as a result of the Affordable Care Act’s employer mandate. 


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