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The Practical Employer

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

Your Employees Are BYODing, Whether You Like It or Not

June 6, 2013
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
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
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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Angelina and GINA

May 30, 2013
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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Email Surveillance as Evidence of Retaliation

May 22, 2013
If you are going to enforce a policy or exercise some employer right (like surveillance of corporate email or computer systems), do it consistently, not selectively and only after an employee complains about discrimination. Otherwise, you could change a legal and reasonable act into evidence of unlawful retaliation.
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