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Blog: The Practical Employer

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The One Thing You Can Never Release In a Settlement Agreement

July 16, 2013
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Do not make the mistake of including in your agreement a covenant forbidding the employee from filing a discrimination charge with the Equal Employment Opportunity Commission or other agency. The EEOC will view such a provision as retaliatory under Title VII.
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6th Circuit's Narrow Definition of 'Supervisor' Under the NLRA has Broad Implications

July 10, 2013
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In a political environment that is broadening the National Labor Relations Board's power, a federal court's recent narrowing of the definition of “supervisor” is a big win for employers.
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Is Your Company Looking at the Wrong Info to Screen Candidates Using Social Media?

July 9, 2013
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There might be some science behind how employers are using social media posts to screen applicants and hire employees.
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Why Paula Deen Loves Gay Marriage

July 8, 2013
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In her race discrimination lawsuit, Deen cites 'Hollingsworth v. Perry,' the recent U.S. Supreme Court case that dismissed, on the basis of a lack of standing, the challenge to the illegality of California's gay marriage ban.
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A Reminder About Holiday Pay

July 3, 2013
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Tomorrow's July 4th holiday is a paid day off for many American workers. Last year, I wrote a post titled, '8 Things You Need to Know About Holiday Pay.' In light of tomorrow's holiday, I thought it was a good idea to revisit that list.
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The FMLA, the ADA and No-Fault Attendance Policies

July 2, 2013
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Employers have a lot to gain from no-fault attendance policies. In deciding whether to adopt or continue a no-fault attendance policy, however, employers must carefully balance those benefits against the risk of FMLA or ADA violations.
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Today's Post Is Brought to You by the Letters W, A, R, and N

July 1, 2013
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If you are near or above the Worker Adjustment and Retraining Notification Act's 100-employee threshold, and you are considering closing a plant or laying off a large number of employees, check with employment counsel to determine whether the WARN Act will be triggered, and, if so, what specific notices you must provide and to whom.
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Employers, Read Those Severance Agreements

June 27, 2013
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The moral of story is that employers must read agreements, and not merely assume that a recently terminated employee will play fair.
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'Vance v. Ball St.' Narrows Employer Liability for Harassment

June 26, 2013
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Make no mistake, this ruling is a huge victory for employers. This case limits vicarious liability only to those who are in an actual position to affect the plaintiff's terms and conditions of employment.
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Employee Medical Information and Social Media

June 24, 2013
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Social media is informal and instantaneous. Employees often post before they think about the implications of what they are posting. A policy statement on this issue could save you a headache in a disability discrimination lawsuit down the road.
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