How to avoid turning your costume party into an HR nightmare
Posted on 10-19-2016 by jhyman

Today is Halloween. Truth be told, Halloween is one of my least favorite holidays. It always has been and always will be. I never liked it, even as a kid. Sure, all the candy was fun, but I just never got into the whole dress-up thing. As an adult, I like it even less. Not to be a Halloween scrooge,... Read More

Don’t forget your b.s. meter when conducting workplace investigations
Posted on 09-21-2016 by jhyman

By now, you’ve likely heard about the plagiarism flap that has embroiled the GOP following Melania Trump’s Monday-night convention speech. In case you missed it, Melania Trump (or her speechwriter) is accused of copying parts of Michelle Obama’s 2008 DNC speech for Mrs. Trump’s... Read More

WIRTW #393 (the “Darth Trump” edition)
Posted on 09-21-2016 by jhyman

The Internet was invented in 1983 . It’s taken me 32 years to figure out why. The Internet was invented so that someone could replace audio of Darth Vader with audio of Donald Trump in Star Wars clips . Darth Trump wins the Internet. Here’s the rest of what I read this week: Discrimination... Read More

2015 Equal Pay Legislation Across the U.S. │State Net
Posted on 08-21-2015 by Tracie Morris

During 2015, 18 states have introduced some form of equal pay legislation that has ranged from recognizing equal pay for equal work for the first time to strengthening enforcement measures to expanding coverage of existing fair pay laws. You can view details about the legislation in this complimentary... Read More

Keep An Eye On The Clock: Exempt Employees & Timekeeping
Posted on 08-11-2015 by Christina Alge

Five ‘O Clock is widely seen as the finish line to the typical 9-5. 40- hour week job. This determine our pay check which determines our lifestyle. In order to get paid many of us have to keep track of the hours we worked. But what about those who qualify the federal Fair Labor Standards Act... Read More

Violent Threats Over Facebook OK?; New Supreme Court ruling says so
Posted on 07-30-2015 by Tracie Morris

The internet, an open forum for the masses. We can find countless comments; some inspire us and others raise the hairs on the back of our necks. Free speech on the internet was further defined recently after the Supreme Court ruled in favor of rapper Anthony Elonis, according to USA Today . Elonis... Read More

Employee, Facebook and the Confederate Flag-Free Speech or Actionable Offense?
Posted on 07-23-2015 by Chad Troyan

The Confederate Flag has been at the center of debate as of late due to a the recent shooting at a South Carolina church. A picture of the shooter, Dylann Roof Storm, was later released which showed him posing with a confederate flag. Say an employee displays a picture of the Confederate flag on Facebook... Read More

Trolling, Trolling, Trolling: Hiring Managers Do Look You Up Online, Survey Says
Posted on 07-23-2015 by Tracie Morris

We all have been told at some point that it is “better safe than sorry”. When posting stuff on social media we should live by this, especially if we are currently looking for a job. Despite what you may have heard, according to LexisNexis Legal Newsroom , hiring managers do surf your social... Read More

Expansion of Social Media Workplace Privacy Law? One State Is Preparing For It
Posted on 07-16-2015 by Tracie Morris

Photo Credit: Shutterstock / Rawpixel No court case’s handlings is ever perfect as new questions always arise and EEOC v. Abercrombie no exception. According to LexisNexis Legal Newsroom , here are 2 questions that were left unanswered by SCOTUS: 1. What level of suspicion is required? While... Read More

Your overbroad social media policy could expose you to a NLRA violation
Posted on 07-14-2015 by Tracie Morris

In a recent article by Social Media & Employment Law , an advice memorandum on an employer’s Social Media Policy was recently published by the NLRB’s Office of General Counsel. The memorandum focused on KMOV-TV and a specific section of their policy labeled “Personal Activity”... Read More

Can your client socially erase "emotional distress" w/ a happy Facebook post?
Posted on 07-09-2015 by Christina Alge

I was always taught as a child growing up to “never judge a book by a cover” and that should be the case, however I guess parents of this generation should a line of fine print that says “unless you are in court.” According to Slate , appearing to be happy Facebook can be used... Read More

2 crucial questions left unanswered by SCOTUS in EEOC v. Abercrombie
Posted on 07-09-2015 by Tracie Morris

No court case’s handlings is ever perfect as new questions always arise and EEOC v. Abercrombie no exception. According to LexisNexis Legal Newsroom , here are 2 questions that were left unanswered by SCOTUS: 1. What level of suspicion is required? While Justice Scalia believed it was easy... Read More

Next Big Battle: Employment discrimination?
Posted on 06-30-2015 by Christina Alge

The United States have granted many rights to various demographics over the years. From African- Americans to Women, the county has grown to embrace the idea of equality. While the people of the LGBT community have seen improvements in the way they are seen and treated, they still lack many of the same... Read More

Your Twitter disclaimer ("Views Are My Own"): Flimsy defense against firing
Posted on 06-22-2015 by Tracie Morris

We all have our own opinions and sometimes we are bold enough to publish those online. It is ok to have them, but It may not always be safe to post them. In fact, according to Forbes , just because you have a “Views are my own” disclaimer, it does not give you immunity from being fired by... Read More

Who’s trolling Facebook to tap your ticked off employees? Some lawyers (3 tips)
Posted on 06-12-2015 by Doug Esten

We are all guilty of having social media rants and some of them (maybe all of them for some people) may be work related. Don’t be surprised if you get contacted by attorneys. To some peoples’ surprise, may attorneys scour social media looking for employees to possibly represent. So what... Read More

Facebook F-bomb aimed at manager = protected activity, NLRB rules
Posted on 05-28-2015 by Doug Esten

We have all had those days where someone mistreated us or is annoying the crap out of us. It stinks and what makes it worse is that sometimes we feel the best solution is to just go on a rant that includes a couple choice words and a couple F-bombs thrown in too. It’s shocking, but in some instances... Read More

Your ex-employee won’t tell you the password to your company’s LinkedIn page. Now what?
Posted on 05-22-2015 by Tracie Morris

Many companies now have their own LinkedIn page to market their company on a larger platform. In order for that marketing to be successful you need someone to watch over and manage the page. The Employer Handbook poses the following question: What happens when that person leaves and will not tell you... Read More

26.3% surge in FMLA lawsuits (2014): Why the “epidemic” of FMLA lawsuits?
Posted on 05-18-2015 by Ted Zwayer

Photo Credit: Shutterstock.com According to an article by LaborDays , the Administrative Office of the US Courts reported an alarming 26.3% jump Family Medical Leave Act (“FMLA”) lawsuits in 2014. This comes after an increase in the preceding two years: 291 cases (2012) and 877 cases (2013... Read More

Test your knowledge about Constructive Discharge: 5 Questions
Posted on 05-12-2015 by Doug Esten

Constructive discharge is a hot topic right now. So hot, last week the U.S. Supreme Court agreed to decide when exactly the statute of limitations begins to run on a constructive discharge claim. Below is a 5-question quiz about constructive discharge, thanks to this article available via the LexisNexis®... Read More

Employee social media gripes: An overview of what's protected?
Posted on 05-07-2015 by Tracie Morris

Social Media and the workplace is not a match made in heaven. In fact, they tend to complicate each other when they blend together, resulting in some people venting online about their jobs. Bad idea, right? Yes, however according to the Associated Press , any posts regarding work conditions are actually... Read More

FAQs: An HR Guide For Responding To Natural Disasters
Posted on 05-07-2015 by Vanessa Lloyd

The article below has been republished in full courtesy of Law360 , written by Kara Maciel . Natural disasters such as hurricanes, earthquakes and tornadoes have posed unique human resource challenges for employers. While many employers are working around the clock on recovery efforts, other employers... Read More

Test Your Employment Law Knowledge: 10 Tricky Questions to Steer You Straight
Posted on 05-05-2015 by Doug Esten

The article below has been republished in full courtesy of Law360 , written by Ben James. When it comes to employment law savvy, the nation's businesses are a diverse bunch — some stumble over workplace law basics, while others stay keenly attuned to the best practices for navigating even... Read More

Social Media Gripes: What is and isn't protected
Posted on 05-01-2015 by Tracie Morris

Social Media and the workplace is not a match made in heaven. In fact, they tend to complicate each other when they blend together, resulting in some people venting online about their jobs. Bad idea, right? Yes, however according to the Associated Press , any posts regarding work conditions are actually... Read More

Nasty weather & your workforce: Protecting your people from Mother Nature
Posted on 04-30-2015 by Vanessa Lloyd

When the weather turns frightening, business owners usually think about protecting the business—the building, the inventory, the revenue stream. But what about that makes it all hum—the people? When the next Superstorm Sandy, earthquake, or tornado strikes, will you be ready? Advance preparation... Read More

Vaccinating as a prerequisite for employment - legal?
Posted on 03-24-2015 by Doug Esten

With the recent problems regarding the measles, many questions are being asked. Recently, Michael Haberman posed the following question at his HR Solutions blog : “Are measles protected by the ADA?” According an article by Lexis Nexis ®Legal Newsroom , the answer to that seems to be... Read More