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The Practical Employer

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Helping employers navigate the complicated and ever-changing world of employment and labor laws, rules, and regulations, rationally and pragmatically.

Employers, Read Those Severance Agreements

June 27, 2013
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The moral of story is that employers must read agreements, and not merely assume that a recently terminated employee will play fair.
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'Vance v. Ball St.' Narrows Employer Liability for Harassment

June 26, 2013
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Make no mistake, this ruling is a huge victory for employers. This case limits vicarious liability only to those who are in an actual position to affect the plaintiff's terms and conditions of employment.
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Employee Medical Information and Social Media

June 24, 2013
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Social media is informal and instantaneous. Employees often post before they think about the implications of what they are posting. A policy statement on this issue could save you a headache in a disability discrimination lawsuit down the road.
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Title VII Does Not Give Employees the Right to Proselytize

June 21, 2013
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If you permit one employee to share his or her religious views in the workplace, you will have a difficult time disciplining or terminating another for the same reason. Employers and their employees should keep religion where it belongs—in the home and in places of worship.
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Classification of Obesity as a Disease Has Huge Employment Law Implications

June 20, 2013
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Conventional wisdom has been that normal, run-of-the-mill obesity, unlinked to an underlying medical condition such as diabetes, is not a disability protected from discrimination by the Americans with Disabilities Act. This decision by the AMA, however, will likely flip that conventional wisdom on its head.
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He's a Lumberjack and, Apparently, He's Not OK

June 19, 2013
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Just because an employee posed nude for money in his 20s does not mean that he is comfortable with it becoming a workplace joke in his 40s. If an employee complains, the company has an obligation to investigate and take reasonable measure to stop the harassing behavior from continuing.
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Fox Searchlight Case Confirms That Unpaid Interns Are a Dying Breed

June 18, 2013
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I think it's fair to say that the sun in quickly setting on the use of unpaid internships in corporate America.
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Fox Searchlight Case Confirms That Unpaid Interns are a Dying Breed

June 17, 2013
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Last week two former interns sued Condé Nast for unpaid wages. I think it's fair to say that the sun in quickly setting on the use of unpaid internships in corporate America.
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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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NLRB Judge Strikes Down Red Cross Employee Confidentiality Policy

June 10, 2013
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The NLRB continues to scrutinize facially neutral employment policies for violations of employees section 7 rights to engage in protected concerted activity, even in cases in which there is no allegation of any adverse action against any employee under an alleged unlawful policy.
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