New EEOC guidance would redefine retaliation

February 11, 2016

The EEOC has issued a proposed revision to its guidance on workplace retaliation—the first since 1998—that could radically change how enforcement authorities and courts define retaliation and its causes.

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Employment Law Q&A: February ’16

February 11, 2016
How to handle nosy co-workers, political buttons.
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Can you rein in political speech at work?

February 2, 2016
Most employers would prefer employees focus on work and not the state of the world when they are on the clock. So how can you quell political arguments in the workplace? You must balance employees’ interest in speaking freely with your interest in maintaining order and productivity:
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Final OT rule due in July, effective 60 days later

February 1, 2016
If you’ve put off planning for the big overtime law changes, it’s time to take action. The final version of the DOL’s revisions to the white-collar exemption rules will be released in July.
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Can you terminate for off-the-clock activities?

January 21, 2016
When can you legally terminate a worker for what he or she does on their own time? The answer is an unsatisfying, “It depends.”
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Disability harassment: Be alert to 2 types.

January 13, 2016
With respect to harassment based on disability, the type of harassment often depends on whether the disability is visible, such as quadriplegia, or hidden, such as a psychiatric disability, Lisa Banks, attorney in Katz, Marshall & Banks, told a task force assembled by the U.S. Equal Employment Oppor­­tu­­nity Com­­mission on Dec. 7.
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Employment Law Q&A: January ’16

January 1, 2016

Q. Our custodian has his own office in a sparsely traveled part of the building. He sometimes leaves his door ajar to the point that his racy wall calendar can be seen by passersby, few as they are. Should I act on this? — Dan, New York

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Bad-weather absences: When must you pay exempt employees?

December 16, 2015

The snow’s coming down pretty good and an exempt employee calls to say she can’t make it in today because her car is stuck. Can you deduct a full day’s pay from her salary for that missed day? What if she’s non-exempt? What if you close work because of bad weather? Here’s guidance to help you make the call.

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Who gets the promotion? 6 steps to smart and legal decisions

December 14, 2015
If your organization is typical, it’s relying more heavily on internal promotions. And as more employees compete for coveted promotion, we’re seeing a corresponding rise in failure-to-promote lawsuits. To ensure a discrimination-proof selection process, you should:
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Incident may be ‘creepy’ but that doesn’t necessarily mean it’s harassment

December 9, 2015
Here’s some good news: Just because a supervisor says or does something stupid or tasteless doesn’t mean the employer will suffer. Take an isolated incident that might be characterized as odd or creepy. While perhaps uncomfortable for the employees involved, most of the time it won’t result in a successful lawsuit.
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