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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 Supreme Court Heard Oral Arguments for Unite Here 'Local 355 v. Mulhall' Wednesday

November 15, 2013
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My favorite exchange from the oral argument illustrates my concern over the coercive nature of card-check recognition.
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Does Social Media Change the Meaning of 'Solicitation'? (Redux)

November 14, 2013
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Social media is not creating new laws, but is merely creating new applications of existing laws to an evolving communication and technology tool.
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The Fluctuating Rules for the Fluctuating Workweek

November 13, 2013
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There is a clear advantage to paying your salaried non-exempt employees via the fluctuating workweek. Just make sure you meet the FLSA’s four-pronged test.


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SpongeBob SquarePants, Employment Law Professor

November 12, 2013
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Bravo to Eugene Krabs for bringing the plight of the unpaid intern to the forefront of pop culture. Employees are not allowed to volunteer their time or work for free.
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Clothes Make the Man, and the Wage-and-Hour Lawsuit

November 11, 2013
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Look for the Court to craft a rule that any gear, whether typically worn as clothing or not, is compensable 'protective gear' if it’s intended use is for protection for the specific needs of the job in question.
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The Risk Companies Run When Bullying Goes Incognito

November 8, 2013
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Unless a bully is harassing someone because of a protected class (race, sex, age, disability, religion, national origin) bullying is probably legal.
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NLRB Upholds Workplace Ban on Recording Devices

November 7, 2013
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This case offers hope to employers that there exists a more reasonable analysis of the application of Section 7 rights to workplace policies other than suggested by the Board’s recent actions.


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Is the Denial of Paid Paternity Leave Discriminatory?

November 6, 2013
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There is one key difference between women and men when they welcome a new-born child. Women give birth; men don’t.


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An Endgame for ENDA?

November 5, 2013
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As we approach the 50th anniversary of Title VII, now is the time to tell our workers that we, as a nation, support equality among all, including the LGBT community.


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How to Manage the Dreaded Flu Season

November 1, 2013
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Offer vaccinations free of charge to your employees right in your workplace. The cost to administer them will pay for itself.
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