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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 a 'Good Faith Belief' About an Illegal Pay Practice Support an FLSA Retaliation Claim?

August 6, 2012
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Despite a recent ruling, if an employee you have classified as exempt complains about overtime pay, do not assume it is safe to retaliate.
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A Letter to the NLRB on Its Latest Position Against Confidential Workplace Investigations

August 2, 2012
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Halting confidential workplace investigations serves no one's interest, including the employees the agency is sworn to protect.
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'Bitch' as Sexual Harassment: Context Matters (Sort of)

August 1, 2012
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A court recently concluded that even though the word 'bitch' is sexually based, its use must be examined in context to determine whether it constitutes harassment 'because of sex.'
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More on Educating Your Employees About Being 'Profersonal'

July 30, 2012
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How do you go about engaging in this education? The U.S. Olympic Women's Soccer team provides a great example.
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Does Your Social Media Policy Educate About Being 'Profersonal?'

July 30, 2012
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The takeaway might simply be that employers remind their employees to 'be professional' online, and that businesses will hold employees accountable for what they post that could cast the company in a bad light.
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Swapping Shifts and Religious Accommodation

July 26, 2012
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If you are planning on rejecting an employee's request for a shift change as a religious accommodation, you must be able to support the claim of hardship with facts.
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Employer Backs Itself Into FMLA Claim for Ineligible Employee

July 24, 2012
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One case underscores the importance of training those who manage your FMLA program on the law's special coverage and eligibility requirements.
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Bag of Bones = Age Discrimination

July 23, 2012
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In ordering an employee's termination, the owner of Hawaii Healthcare allegedly told a manager that the employee 'looks old,' 'sounds old on the telephone,' and is 'like a bag of bones.'
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820,000 Reasons to Have a Social Media Policy

July 19, 2012
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Employers need social media policies to establish the rules of road for employees, who do not understand that they can be held responsible for their off-duty, online activities.
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