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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.

The One Question I Would Ask President Obama During the Debates

September 26, 2012
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With this election cycle's debates on the horizon, I'll be providing the one question I would ask each of the two presidential and two vice presidential candidates.
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Firing an Employee? Tell Them! (Don't 'Milton' the Termination)

September 24, 2012
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If you are going to fire an employee, don't you owe it to him as a human being to at least tell him?
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Employers Are Increasingly Worried About Social Media and Workplace Technology

September 20, 2012
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You may not be convinced that workplace technology (which includes social media and mobile devices) is not the key issue currently facing employers. This survey, however, says otherwise.
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Do Your Employees Know What “Loyalty” Means?

September 19, 2012
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Employees owe a responsibility to those who sign their paychecks not only to avoid breaches of this duty of loyalty, but also to avoid placing themselves in circumstances that could call their loyalty into question.
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No Call, No Show, No FMLA

September 18, 2012
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While it sometimes seems as if employees hold all the high cards in the FMLA poker game, as this case makes clear, employers are within their rights to enforce neutral attendance policies against employees who fail to follow their rules. Now, go check your policies to make sure they contain these types of notice and call-in rules.
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NLRB Continues to Attack Facially Neutral Employment Policies

September 17, 2012
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Employers, I wish I could whisk up a magical elixir to solve this problem. Alas, at least for the time being, we are stuck with the NLRB's intrusiveness into the world of work rules, and the grave uncertainty that comes along for the ride.
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The Five Little Words That Will Cause Your Company a Huge Headache

September 13, 2012
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It is immeasurably less expensive to get out in front of a potential problem and audit on the front end instead of settling a claim on the back end.
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Criminal Background Checks Remain on the EEOC's Radar

September 12, 2012
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If you are considering using arrest or conviction records to aid in your hiring decisions, do not do so without a reason connecting the offense to the job, and without the input of employment counsel versed on these issues.
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Testing Employees for Legally Prescribed Medications Must be Done Carefully

September 11, 2012
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In the Dura Automotive case, the employer tested all of its employees for prescription medications, regardless of their job duties. This across-the-board testing runs afoul of the ADA. If you have safety-sensitive positions, in which employees will pose a direct threat by performing their essential job functions while impaired, then you may be able to test those employees for legally-prescribed medications.
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Transfer Preferences to Vacant Positions as an ADA Reasonable Accommodation Continue to Baffle Courts

September 10, 2012
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When you don't hire the best person for an open position, it could lead a court to second-guess your judgment and question why a member of a protected class was overlooked. Recognize, however, that this issue is unsettled, and declining to accommodate a disabled employee by transferring that employee to an open position could result in a violation of the ADA.
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