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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.

Silence Can Be Golden When Dealing With Employee Medical Issues

November 6, 2012
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One inopportune slip of the tongue about an employee's medical condition (or perceived medical condition) could convert a defensible disability discrimination claim into a knock-down, drag-out fight culminating in a risky jury trial.
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What Skeletons Are You Unearthing by Suing an Ex-Employee?

November 5, 2012
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Before you bring suit against an ex-employee, you might want to consider whether there exist any skeletons in your employment closet that could come back to haunt you in the litigation.
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The “I”s Have It: NLRB Says Don't Shred Those At-Will Disclaimers Just Yet

November 1, 2012
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It is refreshing (surprising? relieving?) to see that the NLRB's Office of General Counsel is backing off the position that any at-will disclaimer violates the NLRA, and is willing to evaluate them on a case-by-case basis.
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What Scares Employers? How About a Union Organizing Campaign

October 31, 2012
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It is not enough merely to have a no-solicitation policy. You must also take seriously the National Labor Relations Act's rules against applying policies to single-out labor unions and the employees who support them.
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Whether Your Managers Should “Friend” Subordinates May Be Gender Based

October 30, 2012
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Social media use has a generational component. Your social media policy has to account for these generational differences.
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Do You Know What to Do When Severe Weather Strikes Your Workplace? #Sandy

October 29, 2012
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Do you know what to do with your workers when a weather event such as Sandy aims for your workplace?
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EEOC Opines on Domestic Violence, Sexual Assault, or Stalking as Title VII and ADA Violations

October 25, 2012
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While Title VII and the Americans with Disabilities Act do not expressly protect victims from discrimination, they do protect against employers' use of stereotypes rooted in protected classes (e.g., sex or mental illness) to treat these employees differently.
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Please Don’t Tell Your Employees for Whom to Vote

October 24, 2012
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Voting is an intensely personal choice. I don’t think it’s my business how my family members cast their votes. I certainly don’t think it’s an employer’s business how its employees cast their votes. Voting booths have privacy curtains for a reason. Exercise some discretion by not invading that privacy of your workers.
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More on Telecommuting as a Reasonable Accommodation

October 23, 2012
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While telecommuting as a reasonable accommodation remains the exception, the line that separates exception from rule is shifting as technology makes telecommuting more feasible.
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The Real Problem with Individual Liability

October 22, 2012
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There is little, if any benefit to keeping individual liability as a part of Ohio's employment discrimination statute, and it is a key facet of this reform that must become part of the law of this state.
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