The Practical Employer
Helping employers navigate the complicated and ever-changing world of employment and labor laws, rules, and regulations, rationally and pragmatically.
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.Read More
The moral of story is that employers must read agreements, and not merely assume that a recently terminated employee will play fair.Read More
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.Read More
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.Read More
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.Read More
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.Read More
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.Read More
I think it's fair to say that the sun in quickly setting on the use of unpaid internships in corporate America.Read More
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.
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.Read More