Helping employers navigate the complicated and ever-changing world of employment and labor laws, rules, and regulations, rationally and pragmatically.
Test randomly and test for cause. There is no need to regulate employees’ off-duty lives by requiring abstinence.Read More
The proper way to draft an arbitration agreement, or other agreement that waives certain rights or remedies, is to carve out EEOC charges.Read More
When the EEOC filed this lawsuit earlier this year, I exclaimed that a ruling for the agency could be ruinous for employers. Kudos to this judge for recognizing the folly of the EEOC’s position.Read More
What’s the best defense to a discrimination claim? Hire others in the same protected group.Read More
The moral of this story is to confirm, but don’t fish, when seeking medical information from an employee returning to work following a medical leave of absence.Read More
Jon Hyman offers four talent management tips after watching his 8-year-old daughter's rock band Cutetallica perform last weekend. Read More
The employer must have the ability to remote-wipe an employee's BYOD device to remove its data.Read More
It is a brave new world of workplace investigations. He-said/she-said has been replaced by “let’s go to the tape.”Read More
Protected activity does not per se protect a poor performer from termination, provided that you can demonstrate a history of treating similarly situated poor performers similarly.Read More
While this case does not necessarily spell the end of the independent contractor, it very well could be the beginning of trend of cases leading down this path.