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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.

Richard Kimble and the ADA

August 9, 2012
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Allowing an employee to work in a position makes it difficult to argue later that the employee was not qualified for that same position.
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Do Your Agreements Provide for Waivers of Collective Actions?

August 8, 2012
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Before embarking on a campaign to require that your employees sign away their participation in collective actions, you might want to wait for the 6th Circuit to have its say on the issue.
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Telecommuting as a Reasonable Accommodation

August 7, 2012
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As a recent case points out, telecommuting as a reasonable accommodation remains the exception, not the rule.
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Does a 'Good Faith Belief' About an Illegal Pay Practice Support an FLSA Retaliation Claim?

August 6, 2012
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Despite a recent ruling, if an employee you have classified as exempt complains about overtime pay, do not assume it is safe to retaliate.
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A Letter to the NLRB on Its Latest Position Against Confidential Workplace Investigations

August 2, 2012
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Halting confidential workplace investigations serves no one's interest, including the employees the agency is sworn to protect.
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'Bitch' as Sexual Harassment: Context Matters (Sort of)

August 1, 2012
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A court recently concluded that even though the word 'bitch' is sexually based, its use must be examined in context to determine whether it constitutes harassment 'because of sex.'
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More on Educating Your Employees About Being 'Profersonal'

July 30, 2012
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How do you go about engaging in this education? The U.S. Olympic Women's Soccer team provides a great example.
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Does Your Social Media Policy Educate About Being 'Profersonal?'

July 30, 2012
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The takeaway might simply be that employers remind their employees to 'be professional' online, and that businesses will hold employees accountable for what they post that could cast the company in a bad light.
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Swapping Shifts and Religious Accommodation

July 26, 2012
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If you are planning on rejecting an employee's request for a shift change as a religious accommodation, you must be able to support the claim of hardship with facts.
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