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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.

Fired for Posing for Playboy? Or, How Does an Employer Prove a Negative?

October 7, 2013
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Proving a negative is the most difficult position for an employer, and, often, the most expensive for an employer to defend.


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Facebook 'Likes' as Free Speech

October 3, 2013
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Free-speech rights extend to symbolic speech on social networks, such as liking a Facebook page or post, or retweeting someone’s tweet.
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Must You Pay Your Employees for Civic and Charitable Work?

October 2, 2013
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Before you send that next email or memo requiring employees’ presence at a charitable event, don’t, unless you want to pay employees for their time.
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How the Government Shutdown Affects Labor and Employment Law

October 1, 2013
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If you have active matters with any federal agencies, expect for them to be on hold. Please remember that while the EEOC and other agencies might be temporarily out of business, the laws that they enforce are not.


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What Kanye West Can Teach You About Employee Relations

September 30, 2013
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Social media has the ability to turn a forgotten event into a viral nightmare. Certainly there are instances when you will have no choice but to fire someone for something posted online.
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Alternate Complaint Avenues and Harassment Prevention

September 26, 2013
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A effective anti-harassment policy provides multiple avenues for an employee to complain. Otherwise, an employee will feel powerless if the person to whom a policy directs her to complain also happens to be the alleged harasser.
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The Biggest Pitfall of Social Recruiting

September 25, 2013
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Don’t let anyone in the chain of hiring view candidates’ social media profiles. Train an employee who is insulated from the hiring process to do your social media searches.
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Employee Fired for Instagramming Paycheck. Is This Legal?

September 24, 2013
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Employees have an absolute right to discuss with each other how much they make. It is illegal to have a policy that prohibits wage discussions, or to fire an employee for engaging in such discussions.


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Can an Employee Assume the Risk of Harassment?

September 23, 2013
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No employee should have to deal with a sexually harassing workplace. But maybe those who choose to work for rappers Insane Clown Posse should forfeit the right to complain of sexually offensive content.
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Labor Department Expands Wage and Hour Laws to Home Care Workers

September 18, 2013
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The Department of Labor’s Wage and Hour Division extended minimum wage and overtime protections under the Fair Labor Standards Act to home care workers.


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