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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.

When are Preliminary and Postliminary Compensable? Supremes to let us Know (Maybe).

March 4, 2014
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There are lots of preliminary of postliminary activities that could be occurring in your workplaces. I am hopeful that this case will provide employers needed guidance on the compensability of these activities.
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NLRB Looks to Expand Reach With Latest Enforcement Priorities

March 3, 2014
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The NLRB is looking for ways to become relevant to the 93 percent of employees not covered by a collective bargaining agreement.
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Has Social Media Created too Much Workplace Transparency?

February 27, 2014
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With transparency comes responsibility. How much you permit your employees to connect on social media sites will, in part, depend in how much of their personal lives you want leaking into your workplace.
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Why We put Plaintiffs to Their Proof

February 26, 2014
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No law has been violated until a plaintiff proves those facts through evidence. If the plaintiff doesn’t have the evidence to support the alleged facts, the plaintiff loses.
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Mind Your Internal Emails to Avoid Discrimination Issues

February 25, 2014
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If you don’t want something to appear on the front page of the newspaper, or to be read in front of a judge or jury, don’t put it in writing. Don’t email it, don’t text it, don’t Facebook it, and don’t tweet it.
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Is Obesity the Same as a Green Mohawk?

February 24, 2014
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Don't take appearance into account when making employment decisions. Hiring and firing should be image-blind, performance-only decisions.
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OSHA Protects Employees From Retaliation for Reporting Injuries?

February 20, 2014
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The Labor Department is watching this issue. These types of claims are increasing, and you take a risk of a retaliation claim if you terminate an employee who reported a workplace injury.
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NLRB: No Such Thing as an Online Picket Line

February 19, 2014
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This decision displays a fundamental misunderstanding about social media. Nothing about social media is private. It is public, interactive, and immediate.
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Can You Have a One-Person Reduction-in-Force?

February 18, 2014
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It does not make a difference if the layoff includes one employee or 100 employees, provided that those eliminated are not replaced.
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Does Inevitable Disclosure Protect Your Company’s Trade Secrets? It Depends.

February 14, 2014
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The issue boils down to whether your state’s trade-secrets law prohibits threatened misappropriation of trade secrets in addition to actual misappropriation.
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