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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.

Do You Have a Workplace Emergency Action Plan?

April 16, 2013
Yesterday's tragedy in Boston has left me speechless. Boston seems to have been prepared, and at least by early accounts, the city's early responders helped save many from suffering a worse fate. Employers can learn an important lesson from these ashes and tears—the importance of being prepared.
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28 Days Later? Passage of Time May Allow Employers to Recertify FMLA Claims

April 9, 2013
Managing FMLA leave, and particularly managing intermittent FMLA leave, is one of the most challenging tasks for employers. What qualifies as “significantly changed circumstances” will vary from case to case. Do not mistake this case as carte blanche to demand a recertification after every prolonged period of absence.
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A Cautionary Tale on What Happens When You Botch a Litigation Hold

April 1, 2013
As soon as you reasonably anticipate litigation, you have an absolute duty to implement a written litigation hold that both instructs employees to preserve paper and electronic records relevant to the case, and suspends any automated processes that otherwise might result in the destruction of such records.
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