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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.

Facebook Foible Foils FMLA Fight

November 15, 2012
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Even though people like to treat social media as the new kid on the block, it is really nothing more than a communication tool, to which all of the old rules of the workplace apply.
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In Compelling Discovery, Court Likens Social Media Account to 'Everything About Me' Folder

November 14, 2012
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Part of the struggle we face in seeking discovery of employees' social media accounts is educating the judges who decide the motions to compel.
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Must an Employer Accommodate an Employee for a Family Member's Disability?

November 13, 2012
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I cannot overstate enough how fine a line it is between lawfully terminating an employee because of the need to take time off to care for an ill relative and unlawfully terminating an employee because of a relative's disability.
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Some Workplace Social Media Stats to Start Your Week

November 12, 2012
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Businesses have a lot to learn about the intersection between social media and the workplace. Yet, companies are not necessarily at fault for being behind the eight ball on these issues. The reality is that the technology is evolving more quickly than businesses can keep up with the resulting issues.
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It Just Doesn't Matter (Who the President of the United States Is)

November 7, 2012
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If you manage your employees reasonably, pragmatically, and with decency, it just doesn't matter, from a day-to-day perspective, who the president is.
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Silence Can Be Golden When Dealing With Employee Medical Issues

November 6, 2012
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One inopportune slip of the tongue about an employee's medical condition (or perceived medical condition) could convert a defensible disability discrimination claim into a knock-down, drag-out fight culminating in a risky jury trial.
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What Skeletons Are You Unearthing by Suing an Ex-Employee?

November 5, 2012
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Before you bring suit against an ex-employee, you might want to consider whether there exist any skeletons in your employment closet that could come back to haunt you in the litigation.
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The “I”s Have It: NLRB Says Don't Shred Those At-Will Disclaimers Just Yet

November 1, 2012
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It is refreshing (surprising? relieving?) to see that the NLRB's Office of General Counsel is backing off the position that any at-will disclaimer violates the NLRA, and is willing to evaluate them on a case-by-case basis.
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What Scares Employers? How About a Union Organizing Campaign

October 31, 2012
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It is not enough merely to have a no-solicitation policy. You must also take seriously the National Labor Relations Act's rules against applying policies to single-out labor unions and the employees who support them.
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Whether Your Managers Should “Friend” Subordinates May Be Gender Based

October 30, 2012
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Social media use has a generational component. Your social media policy has to account for these generational differences.
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