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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.

Fox Searchlight Case Confirms That Unpaid Interns Are a Dying Breed

June 18, 2013
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I think it's fair to say that the sun in quickly setting on the use of unpaid internships in corporate America.
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Fox Searchlight Case Confirms That Unpaid Interns are a Dying Breed

June 17, 2013
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Last week two former interns sued Condé Nast for unpaid wages. I think it's fair to say that the sun in quickly setting on the use of unpaid internships in corporate America.
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What Do You Do When an Employee Refuses to Complain?

June 12, 2013
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Harassment is harassment, regardless of whether the victim complains or management learns of the harassment allegations another way. A company's obligations to investigate, and, if necessary, take corrective action does not change merely because the victim won't cooperate.
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NLRB Judge Strikes Down Red Cross Employee Confidentiality Policy

June 10, 2013
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The NLRB continues to scrutinize facially neutral employment policies for violations of employees section 7 rights to engage in protected concerted activity, even in cases in which there is no allegation of any adverse action against any employee under an alleged unlawful policy.
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Your Employees Are BYODing, Whether You Like It or Not

June 6, 2013
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Seventy percent of employees who use personal devices at work are using a smartphone, and of those employees, more than one-third bring them to work either without the knowledge of their IT department, or in spite of an outright corporate ban on personal devices in the workplace. These numbers mean that a bring-your-own-device program is no longer an option, but should be required.
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Controlling the Discrimination Case

June 5, 2013
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How a court frames who is, and who is not, “similarly situated” can be dispositive of the issue of discrimination. For this reason, it is wise to examine any potential similarly situated employees for similar or dissimilar treatment under like circumstances before taking action against a protected employee.
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Facebook Posts as Evidence of Retaliation

June 4, 2013
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Facebook, Twitter, and other social media channels can prove to be treasure trove of protected information—information about an employee's personal and family medical issues, religious issues, genetic information, and, like this case, protected complaints about discrimination.
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Lactation Discrimination Equals Pregnancy Discrimination

June 3, 2013
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Because men cannot lactate, it is discriminatory to deny an employee's lactation request, because such a denial would necessarily treat women (or, more specifically, child-bearing women) differently than men.
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Angelina and GINA

May 30, 2013
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Even though GINA has been law for more the four years, it is seldom discussed or understood. Employers need to take this lesson to heart. Genetics -- both an employee's and that of one's family members -- is off limits in employment.
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There Are No Magic Words to Invoke the FMLA

May 29, 2013
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When there exists any doubt over whether an employee is seeking time off for a reason that could qualify under the FMLA, there is no harm in treating the request as one for FMLA leave.
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