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Employment Law

Always review supervisors’ firing recommendations

06/04/2020
HR should insist on reviewing every discharge decision before it is carried out. Thoroughly analyze past discipline to ensure consistency and fairness. It’s the best way to prevent a biased manager from triggering a losing lawsuit.

You make the FMLA ‘healthcare provider’ call

06/04/2020
When an employee wants FMLA leave, you don’t have to take her word for it that she has a serious health condition. You may insist on a certification that she is undergoing “continuing treatment by a health care provider.”

NLRB OKs limited bans on cell phones at work

06/04/2020
The National Labor Relations Board has upheld an employer policy requiring employees to stow personal cell phones in lockers because safety concerns on the factory floor outweigh the “relatively slight risk” that the policy would interfere with employees’ right to engage in activity protected by the National Labor Relations Act.

Remote workers hitting social media: Be alert

06/01/2020
With the current pandemic forcing so many employees to work at home, and to otherwise spend much more time there than normal, it’s understandable they’re turning to social media as an outlet for their emotions and frustrations. It’s an especially delicate time for employers to attempt to govern what their staff should or should not say online.

Offer easy accommodations … or settle for $3.3 million

05/28/2020
When in doubt about how to handle an ADA request, sometimes the best bet is to offer a temporary accommodation. Make sure the employee understands the accommodation is temporary and not an admission that he’s entitled to it. Then set a review date.

2 upcoming court decisions affect employers

05/28/2020
The 2019–2020 term of the U.S. Supreme Court ends June 29. Between now and then, big questions for employers and HR hang in the balance.

Coming to a court near you: covid-19 lawsuits

05/27/2020
In just a few weeks, dozens of federal lawsuits have been filed alleging some workplace wrong related to the coronavirus or covid-19.

How to protect your company’s data when letting go of a remote employee

05/21/2020
An astounding 87% of employees take company data with them on their way out the door. How can businesses protect their data when laying off employees who are currently working from home? Your checklist should include the following steps after an employee gives notice.

Job losses, safety concerns spark union interest

05/21/2020
The spike in activism is being fueled by social media and features walkouts and sick-outs at several companies.

Is that harassment, or just a social media spat?

05/21/2020
Sometimes, employees bicker back and forth on social media. That can lead to accusations that someone was representing the employer and used online postings to harass or retaliate. Unless the employee can prove that the posting was done on behalf of the employer, he won’t win.