The Practical Employer
Helping employers navigate the complicated and ever-changing world of employment and labor laws, rules, and regulations, rationally and pragmatically.
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
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.Read More
Seventy percent of employees who use personal devices at work are using a smartphone, and of those employees, more than one-third bring them to work either without the knowledge of their IT department, or in spite of an outright corporate ban on personal devices in the workplace. These numbers mean that a bring-your-own-device program is no longer an option, but should be required.Read More
How a court frames who is, and who is not, “similarly situated” can be dispositive of the issue of discrimination. For this reason, it is wise to examine any potential similarly situated employees for similar or dissimilar treatment under like circumstances before taking action against a protected employee.Read More
Facebook, Twitter, and other social media channels can prove to be treasure trove of protected information—information about an employee's personal and family medical issues, religious issues, genetic information, and, like this case, protected complaints about discrimination.Read More
Because men cannot lactate, it is discriminatory to deny an employee's lactation request, because such a denial would necessarily treat women (or, more specifically, child-bearing women) differently than men.Read More
Even though GINA has been law for more the four years, it is seldom discussed or understood. Employers need to take this lesson to heart. Genetics -- both an employee's and that of one's family members -- is off limits in employment.Read More
When there exists any doubt over whether an employee is seeking time off for a reason that could qualify under the FMLA, there is no harm in treating the request as one for FMLA leave.Read More
An employee who begs to be fired cannot seek satisfaction when her employer takes her up on her offer.Read More