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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.

Does an Unaccepted Offer of Judgment Moot a Wage-and-Hour Case? Genesis HealthCare Corp. vs. Symczyk

December 4, 2012
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The outcome of this case is difficult to gauge based on the oral argument, because both potential sides of the court attacked the underlying issues so differently.
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Do You Have a Workplace Policy Banning the Electronic Recording of Conversations?

December 3, 2012
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If you do not have a policy against employees recording conversations in the workplace, you might want to consider drafting one. You never know when an employee is going to try to smuggle a recording device into a termination or other meeting.
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Certification Harassment? 6th Circuit Rejects Claim Under FMLA

November 29, 2012
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Following the rules does not equate to harassment. Now if we can all just figure out those annoying rules.
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Who Is a Supervisor Under Title VII? (Vance v. Ball St. Univ.)

November 28, 2012
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This case asks whether one can qualify as a supervisor under Title VII if one is given any authority to direct and oversee another's daily work, or if supervisory status is limited to those who have the power to hire, fire, demote, promote, transfer, or discipline others.
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When Is Confidential Medical Information Not Confidential?

November 26, 2012
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While this case is a great holding for employers, businesses should still tread carefully when dealing with employee medical information. This area of the law remains risky waters in which companies swim.
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Another Reason Not to Ban Social Media on Company Time (Hint: It's the NLRB)

November 20, 2012
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A slacking employee will not become a star performer just because you limit his or her social media access; he or she will just find another way to slack off.
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If You Put Up With Bullies in Your Workplace, Stop (Before Someone Else Makes You)

November 19, 2012
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The reality is that if your company does not take this issue seriously, state legislators will and you won't like the results.
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Facebook Foible Foils FMLA Fight

November 15, 2012
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Even though people like to treat social media as the new kid on the block, it is really nothing more than a communication tool, to which all of the old rules of the workplace apply.
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In Compelling Discovery, Court Likens Social Media Account to 'Everything About Me' Folder

November 14, 2012
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Part of the struggle we face in seeking discovery of employees' social media accounts is educating the judges who decide the motions to compel.
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Must an Employer Accommodate an Employee for a Family Member's Disability?

November 13, 2012
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I cannot overstate enough how fine a line it is between lawfully terminating an employee because of the need to take time off to care for an ill relative and unlawfully terminating an employee because of a relative's disability.
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