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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.

The Revolution WILL Be Televised … Shore Up Your Social Media Before a Termination

February 6, 2013
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If you are concerned about employees live-tweeting a termination or a mass layoff, disable their access to your social media channels before you tell them. Change their passwords. Remove their logins.
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Labor Department: Employers Find It Easy to Comply With the FMLA. What?!?!

February 5, 2013
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Either the Labor Department found the only 1,649 employers (91 percent of the 1,812 worksites surveyed) who “find it easy to comply with” the FMLA, the Labor Department is putting some major spin on its survey results, or my read on FMLA administration is way off.
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How Do You Fight Invisible Discrimination?

February 4, 2013
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If we foster a workplace of openness and inclusion, when that hatred exposes itself employees will understand that it belongs to a rogue and not your company, and hopefully, choose not to hold you accountable (provided you respond quickly and decisively when brought to your attention).
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What Can Go Wrong When Employees Date?

January 31, 2013
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Instead of banning office romances, companies should reinforce appropriate workplace behavior during harassment avoidance and response training.
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Are Employers Screwing Up the FLSA's Lactation Mandate? Probably Not.

January 30, 2013
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A little more than a year ago I pointed out that the Labor Department had only cited 23 companies, or 0.023 percent of all companies with 100 or more employees, with inadequate lactation accommodation. Now, with an additional six months of data, the number of citations has jumped by 13, from 23 to 36.
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But He Looked Black … Court Rebukes EEOC's Use of “Race Rating” in Systemic Lawsuit

January 29, 2013
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In other words, the agency charged with ending racial stereotypes in the workplace based its entire case on stereotypical ways in which different races “look.”
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Employees, If You Don't Want Us to Get Your Social Media Info in Discovery, Don't Post!

January 28, 2013
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Employees, if you do not want your social media posts to be reviewed in a lawsuit you file, stop posting. Stop writing about your post-termination state of mind. Stop communicating with former co-workers. Stop writing about your lawsuit.
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Damn You Auto-Correct! (Train Your Employees to Proofread)

January 24, 2013
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When you hold your annual harassment training you might want to consider mentioning the evils of auto-correct.
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How Do You Spell Civil Rights? ENDA

January 23, 2013
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It's appalling that 13 years into the twenty-first century, it is still legal in the United States of America to treat people different solely because of their inclusion in a marginalized group. Get on the bandwagon now, and send a signal to all of your employees that you are a business of inclusion, not one of bigotry and exclusion.
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Requests for Unpaid Medical Leaves Should Be Stamped, 'Handle With Care'

January 22, 2013
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If you are granting a leave to an employee as an accommodation, your best defense to a potential Americans with Disabilities Act claim is to have an open dialogue with the employee about a return date, and prepare to be flexible (to a point). Then, when the employee asks for “one more extension” to his or her leave of absence, no one will fault you as an unreasonable ogre if you decline.
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