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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.

Is the DOL’s 'Fair Labor Data Challenge' Strategy Fair?

July 30, 2013
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Giving Employee the 'Milton Treatment' Leads to Discrimination Claim

July 26, 2013
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Who Owns Personal Email on an Employer-Issued Smartphone?

July 18, 2013
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Have a policy that spells out an employee’s reasonable lack-of-privacy expectations, but have a similar policy statement prohibiting employees from accessing the personal email or other Internet account of others.


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The One Thing You Can Never Release In a Settlement Agreement

July 16, 2013
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Do not make the mistake of including in your agreement a covenant forbidding the employee from filing a discrimination charge with the Equal Employment Opportunity Commission or other agency. The EEOC will view such a provision as retaliatory under Title VII.
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6th Circuit's Narrow Definition of 'Supervisor' Under the NLRA has Broad Implications

July 10, 2013
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In a political environment that is broadening the National Labor Relations Board's power, a federal court's recent narrowing of the definition of “supervisor” is a big win for employers.
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Is Your Company Looking at the Wrong Info to Screen Candidates Using Social Media?

July 9, 2013
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There might be some science behind how employers are using social media posts to screen applicants and hire employees.
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Why Paula Deen Loves Gay Marriage

July 8, 2013
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In her race discrimination lawsuit, Deen cites 'Hollingsworth v. Perry,' the recent U.S. Supreme Court case that dismissed, on the basis of a lack of standing, the challenge to the illegality of California's gay marriage ban.
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A Reminder About Holiday Pay

July 3, 2013
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Tomorrow's July 4th holiday is a paid day off for many American workers. Last year, I wrote a post titled, '8 Things You Need to Know About Holiday Pay.' In light of tomorrow's holiday, I thought it was a good idea to revisit that list.
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The FMLA, the ADA and No-Fault Attendance Policies

July 2, 2013
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Employers have a lot to gain from no-fault attendance policies. In deciding whether to adopt or continue a no-fault attendance policy, however, employers must carefully balance those benefits against the risk of FMLA or ADA violations.
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Today's Post Is Brought to You by the Letters W, A, R, and N

July 1, 2013
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If you are near or above the Worker Adjustment and Retraining Notification Act's 100-employee threshold, and you are considering closing a plant or laying off a large number of employees, check with employment counsel to determine whether the WARN Act will be triggered, and, if so, what specific notices you must provide and to whom.
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