RSS icon

Top Stories

The Practical Employer

hyman_practicalemployer
Helping employers navigate the complicated and ever-changing world of employment and labor laws, rules, and regulations, rationally and pragmatically.

Why I Don't Like Most Non-Disparagement Clauses (and 3 Tips to Fix Them)

January 22, 2014
Comments (0)
Non-disparagement clauses are ripe for sloppy and vague drafting, which can result in parties ending up where they wanted to avoid — the courthouse.
Read More

Stand by Your Employees: An Ode to Norah and the Troopers

January 21, 2014
Comments (0)
Stick with your employees, especially in times of difficulty and adversity. They might just surprise you, and may even do something amazing.
Read More

Separation of Protected Activity and Discipline can Shield Employers From Retaliation Claims

January 16, 2014
Comments (0)
You can help insulate your company from retaliation claims by training your employees to treat FMLA requests (and other instances of protected activity) as need-to-know.
Read More

Receiving a Requested Transfer as an Adverse Employment Action

January 15, 2014
Comments (0)
Is a transfer to the very same position, for which, just nine months earlier, an employee had applied, an 'adverse employment action' sufficient to support a claim of discrimination? Amazingly, the 6th Circuit answered, 'Yes.'
Read More

It's Probably a Bad Idea to Ask Applicants for a Family Medical History

January 14, 2014
Comments (0)
Medical-related inquiries by employers are complicated and rife with risk. To ensure full compliance with the law, do not include questions about family histories in these examinations.
Read More

Context Matters: Cursing as Religious Harassment

January 13, 2014
Comments (0)
A line exists between the use of general profanity in the workplace and the use of profanity directed at somebody because of their religion. Nevertheless, employers should take seriously all harassment complaints in the workplace.
Read More

The Ethics of Class-Segregated Bathrooms

January 10, 2014
Comments (0)
Do I need to tell you that you are sending the wrong message to your workers if you have class-segregated bathroom?
Read More

Blackballing as Retaliation

January 9, 2014
Comments (0)
Refusing to hire someone who filed a lawsuit claiming a violation of the FLSA or Title VII is illegal retaliation.
Read More

Tread Lightly if Banning Workplace Gossip, Warns NLRB Judge

January 8, 2014
Comments (0)
If you're having a problem with workplace gossip, one solution you might want to avoid is a policy banning it outright, at least according to the recent opinion of an NLRB Administrative Law Judge
Read More

A Weighty Lesson on Pregnancy Discrimination

January 7, 2014
Comments (0)
Does your 'no overweight hires' policy violate Title VII by screening out pregnant women?
Read More