Employment Law

Flu IQ: Take two aspirins and consult the FLSA

October 15, 2020
A regular flu season is bad enough. Pair the flu with covid-19 and it may be extraordinarily difficult to manage the impact on your workplace this winter. Employees who are already working at home can still get sick and may still need some downtime. Your challenge is to stay within the guidelines set by the Fair Labor Standards Act.
Read the full article →

OK to fire by email?

June 19, 2020
Q. One of my employees works from home. Can I terminate him via email or do I need to call him in?
Read the full article →

Can I fire a snoozing worker?

March 13, 2020
Q. I caught one my workers with his eyes shut in front of his computer. I knocked on his desk and gave him a warning that sleeping on the job will not be tolerated. That’s grounds for termination. Right?
Read the full article →

FMLA to care for worker’s mother-in-law?

October 11, 2019
Q. An employee who uses FMLA leave intermittently to care for her ailing father, sometimes says she uses it to take her mother-in-law to doctors’ appointments. Is that right?
Read the full article →

NLRB: Bathroom chat isn’t ‘protected’ activity

May 14, 2019
Even in nonunion workplaces, the National Labor Relations Act protects the rights of employees to engage in “concerted activity” that aims to benefit their job-related mutual aid or protection. But does that protection cover two workers who are overheard complaining about clients in a bathroom? Apparently not.
Read the full article →

Always respond to harassment charges, including same-sex incidents

May 6, 2019
Here’s a warning to employers that ignore sexual harassment complaints from men who claim another man harassed them.
Read the full article →

Feel free to call out poor performance: Criticizing workplace mistakes isn’t harassment

May 6, 2019
Employees can’t successfully claim that being pushed to do a better job—or even being shamed and ridiculed about their work habits—is anything but an unpleasant consequence of doing a lousy job.
Read the full article →

LGBT issues to be argued before Supreme Court this fall

April 25, 2019
The U.S. Supreme Court has agreed to hear three cases that could decide if Title VII of the Civil Rights Act protects lesbian, gay, bisexual and transgender employees from discrimination.
Read the full article →

The danger of working through breaks

April 21, 2019
Often, managers encourage employees to work through their meals. But this is a mistake that will land you in an FLSA liability suit almost all of the time.
Read the full article →

LEAP 2019: The Top 10 Lessons for HR

April 18, 2019
Hundreds of HR professionals gathered in Las Vegas on April 3–5 for the HR Specialist’s 15th annual Labor & Employment Law Advanced Practices Symposium. Here are some of the bits of employment-law wisdom from the 30 speakers.
Read the full article →