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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.

What Do You Do When an Employee Refuses to Complain?

June 12, 2013
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
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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Your Employees Are BYODing, Whether You Like It or Not

June 6, 2013
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.
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Controlling the Discrimination Case

June 5, 2013
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.
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Facebook Posts as Evidence of Retaliation

June 4, 2013
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.
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Angelina and GINA

May 30, 2013
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.
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