The NLRB will examine at-will disclaimers on a case-by-case basis, and I do not expect we will see the Board take the unreasonable position that all at-will disclaimers are unlawful.Read More
I believe that the NLRB fails to understand the importance of confidentiality in workplace investigations, and further fails to understand the realities of how workplace investigations work.Read More
Employees need to understand that some participation in sex-based workplace hijinks does not create a license to harass in perpetuity. No one can tell where someone draws his or her personal line of inappropriateness, and trying to make that decision for someone else can only result in trouble (i.e., a lawsuit) down the road.Read More
Yesterday's tragedy in Boston has left me speechless. Boston seems to have been prepared, and at least by early accounts, the city's early responders helped save many from suffering a worse fate. Employers can learn an important lesson from these ashes and tears—the importance of being prepared.Read More
If you hope to claim an undue hardship defense to a religious accommodation claim based on your company's image, you need to have the hard data to back your claim. Hypothetical hardships likely will not carry the day.Read More
At a time when businesses are expecting more from their employees than ever before, I feel a little reciprocity is in order. Companies could simply go beyond the pregnancy discrimination laws and FMLA leave policies and give their employees longer and compensated maternity leave.Read More
The Fair Labor Standards Act already provides similar rights to public sector employers. It's about time that the law is changed to provide the same rights to those in the private sector.Read More
The insensitivity of Hooters's reaction to this situation is easy to spot. Just because Hooters acted insensitively, however, does not mean that it acted illegally. Indeed, whether the wig requirement discriminated against Sandra Lupo is a tricky question.
Managing FMLA leave, and particularly managing intermittent FMLA leave, is one of the most challenging tasks for employers. What qualifies as “significantly changed circumstances” will vary from case to case. Do not mistake this case as carte blanche to demand a recertification after every prolonged period of absence.Read More
What should we do with short-list candidates who don't get the job? I believe it is important that candidates invited to a job interview be informed of their status and the outcome of the recruitment process (even if they aren't the one selected). I think it gives the potential job holder a sense of accomplishment and self-confidence, but might it not also be important to our reputation as an employer? To say nothing of getting a head start on recruiting top candidates in the future? How do most organizations of any size handle this?
—Tough Choices, human resources management adviser, integrated professional services, Sarajevo, Bosnia and Herzegovina