The Practical Employer
Helping employers navigate the complicated and ever-changing world of employment and labor laws, rules, and regulations, rationally and pragmatically.
The NLRB will examine at-will disclaimers on a case-by-case basis, and I do not expect we will see the Board take the unreasonable position that all at-will disclaimers are unlawful.Read More
A reduction in force can occur in stages and over time. An employer can first retain key employees during a layoff and then layoff those key employees later when economic realities dictate their termination.Read More
I believe that the NLRB fails to understand the importance of confidentiality in workplace investigations, and further fails to understand the realities of how workplace investigations work.Read More
Employees need to understand that some participation in sex-based workplace hijinks does not create a license to harass in perpetuity. No one can tell where someone draws his or her personal line of inappropriateness, and trying to make that decision for someone else can only result in trouble (i.e., a lawsuit) down the road.Read More
The issue the Supreme Court faced in Genesis Healthcare Corp. v. Symczyk was whether a case becomes moot when the lone plaintiff receives an offer from the defendants to satisfy all of the plaintiff’s claims. Last December, I predicted an employer loss in this case. I’m happy to report that my prediction was very wrong.Read More
Yesterday's tragedy in Boston has left me speechless. Boston seems to have been prepared, and at least by early accounts, the city's early responders helped save many from suffering a worse fate. Employers can learn an important lesson from these ashes and tears—the importance of being prepared.Read More
If you hope to claim an undue hardship defense to a religious accommodation claim based on your company's image, you need to have the hard data to back your claim. Hypothetical hardships likely will not carry the day.Read More
The Fair Labor Standards Act already provides similar rights to public sector employers. It's about time that the law is changed to provide the same rights to those in the private sector.Read More
The insensitivity of Hooters's reaction to this situation is easy to spot. Just because Hooters acted insensitively, however, does not mean that it acted illegally. Indeed, whether the wig requirement discriminated against Sandra Lupo is a tricky question.
Managing FMLA leave, and particularly managing intermittent FMLA leave, is one of the most challenging tasks for employers. What qualifies as “significantly changed circumstances” will vary from case to case. Do not mistake this case as carte blanche to demand a recertification after every prolonged period of absence.Read More