A May 10, 2018, article that appeared in the Fresno Bee reminded me of something that happens all too frequently. An employee gets “caught on tape” committing some fireable offense, but when the matter comes up for a hearing, the video is nowhere to be found. Either it was taped over, lost, or worse, deliberately […]
A Pound of Prevention Costs Less Than an Ounce of Cure
Any manager with an Internet connection can pull up hundreds of articles about how to avoid employee lawsuits. All of them preach essentially the same practices. Yes, you should know and understand federal, state and local laws against discrimination. Yes, you should be proactive in setting clear expectations. Yes, you should have documentation to support […]
The Seven Rules Every HR Manager Knows
Everyone who has ever worked in Human Resources has probably experienced these principles at some point or another. And so, with tongue planted not-too-firmly in cheek I offer them to you: No good deed ever goes unpunished. One of the worst things you can do is to fail to follow your own policies. You might […]
Do You Really Need Non-Compete Agreements With Your Hourly Employees?
On December 7, 2016, the Chicago Tribune reported that sandwich maker Jimmy John’s had agreed to a $100,000.00 settlement with the Illinois attorney general over its use of non-compete agreements with its hourly employees. Those agreements barred employees from working at another sub shop while employed with Jimmy John’s and for a period of two […]
The DOL Withdraws the Informal Guidance on Joint Employment and Independent Contractors
On June 7, 2017, the Department of Labor (DOL) withdrew its 2015 and 2016 informal guidance on the topics of joint employment and independent contractors. These guidelines were issued during President Obama’s administration, and had the effect of expanding joint employer liability and narrowing the definition of independent contractor. The guidance letters were in the […]
Putting the Steeple (Back) on the Hospital: Supreme Court Rules that Benefit Plans for Employees of Religious-Affiliated Hospitals are Exempt from ERISA
In a June 5, 2017 decision, the U.S. Supreme Court held that benefit plans covering employees of church-affiliated hospitals were “church plans,” and hence not subject to ERISA, despite not being “established” by a church. The decision, Advocate Healthcare Network v. Stapleton, ___U.S.___, 2017 U.S. LEXIS (U.S. June 5, 2017), reverses a recent trend in […]
Sexual Harassment: Actions that Both Employers and Employees Can and Should Take in the Event of Sexual Harassment
Unwelcome sexual advances in the workplace, whether in the nature of a physical act or a verbal proposition, may constitute prohibited sexual harassment under the law. Employers may be liable for such conduct when it occurs in the workplace or at off-site work functions, and victims of sexual harassment may be entitled to damages. It […]
The Do’s and Don’ts of Political Discourse at Work: Tips for Employers and Employees
Given the polarizing effect the presidential election has had on our nation, political discussion has become a regular occurrence in many people’s daily lives, even during the workday. When this occurs, it is best for an employer to pause and consider employees’ right to engage in this type of discussion along with the employer’s own […]
Six Things You Need To Know About Group Long-Term Disability Insurance
Many employers provide group long-term disability (LTD) insurance as a benefit for their employees. Group LTD insurance can be an affordable alternative to an expensive individual policy. If you need it, and hopefully you never will, it can be a godsend. But you need to be aware of, and plan for, the limitations common to […]
Arbitration is like a box of chocolates: You never know what you’re going to get
Employers love arbitration clauses. Most believe that arbitrators will treat them more favorably than a judge or jury, and that the process will be faster and less expensive than going to court. Generally speaking, they are right. A recent case out of the Supreme Court of Connecticut, State of Connecticut v. Connecticut Employees Union Independent, […]