RIFs are NOT a cure all for crappy performance management

January 18th, 2019 by Fiona Ong at Shawe Rosenthal

Some employers view a reduction in force as an apparently easy and clean way to get rid of employees they do not want – like poor performers, who have not been properly performance-managed.

Don't be one of those employers.

Fiona Ong shares why. And stay tuned, same Bat-time, same Bat-station (or at least Bat-blog), for some "what" and "how" when Fiona shares basic performance management tips so you won't be one of those employers.

Paying tipped employees no longer requires 80 or 20

January 17th, 2019 by Darin Williams at Laner Muchin

If you pay tipped employees, you are familiar with the 80/20 rule.

Lucky for you, that familiarity is no longer necessary because the DOL has reissued a 2009 opinion letter that essentially abandons the 80/20 tip credit rule.

Darin Williams clarifies the abandoning.

Why should I care about employment law?

January 16th, 2019 by Jenny Goltz at Cozen O'Connor

Because if you don't you could go be in big trouble.

Jenny Goltz covers six common pitfalls for those new to the business of being in business.

And the rest of you might want to take a peek anyway, you know, just to see if maybe, you know, there are any new tricks to be learned. 

Government shutdown and human resources – do they intersect?

January 14th, 2019 by Richard Meneghello, Steven Bernstein, Cheryl Behymer, Caroline Brown, Thomas Rebel, Shanon Stevenson, Travis Vance

Yes, the Government shutdown and human resources intersect, but why? 

Employee privacy – more than just protecting social security numbers.

January 11th, 2019 by Emily Schifter at Troutman Sanders

(Um, you might want to at least put that payroll report in a folder.)

Emily Schifter helps you consider technology's role in society and growing presence in the workplace by providing some guidance on:

• different standards for different types of technology and gathered information
• storing what you gather
• deciding how monitoring your employees will affect your workplace.

Written warnings and the FAQs they spawn

January 8th, 2019 by Ursula A. Kienbaum at Ogletree Deakins

written warning:  noun:  ritˈ'n wôrniNG

1. a statement in a form to be read that indicates a possible or impending problem, or other unpleasant situation
2. a statement in a form to be read that indicates that you have already vented and calmed down and aren't going to write anything stupid before you create a very unpleasant situation for the person receiving said warning

Ursula Kienbaum helps you create a calm, dispassionate, effective, reasonable written warning by answering these seven FAQs:

• what to include?
• what to exclude?
• attach documents?
• mention previous warnings/actions?
• detail impact of the problem?
• include possible further disciplinary action??
• does the warning change if there is a union involved?

Rushhourtraffobia does not require reasonable accommodation

January 2nd, 2019 by Lindsey A. White at Shawe Rosenthal

No one likes rush hour traffic and if there was a way to avoid it, we would.

One employee decided to test a new theory and push the limits of the definition of "reasonable accommodation" by asking to be permitted to leave early because of her anxiety triggered by driving home in heavy traffic.

Lindsey White explains why the Court instead pumped the brakes.

Workplace Christmas Quiz (this is legit and will secondarily eat up some time before you get to go home)

December 24th, 2018 by Robin Shea at Constangy

One of our favorites, Robin Shea, invites you into her Christmas HR world with a Christmas-themed quiz featuring:

• Santa
• Bob Cratchit
• circumnavigating the globe in one evening in a sleigh pulled by reindeer
• Ralphie
• Rudolph
• Baby It's Cold Outside
• The Grinch.

Thanks Robin!

And to all a good night!

The ACA - uninsured? unconstitutional? unenforceable? ununderstandable?

December 20th, 2018 by Fisher Phillips

The Affordable Care Act has been ruled unconstitutional.

But nothing will change now or for the foreseeable future.

Got it?

If not, Fisher Phillips provides some answers, including:

• There are no impacts to current coverage.
• There are no impacts to 2019 coverage.
• Friday’s ruling had no impact on state enrollments through HealthCare.gov for coverage effective January 1 (which ended Saturday, December 15).
• Employees with coverage in the District of Columbia or one of the 11 states that operate their own Marketplaces (California, Colorado, Connecticut, Idaho, Maryland, Massachusetts, Minnesota, New York, Rhode Island, Vermont, and Washington) should determine if they still have an opportunity to enroll. Several of those states have responded to the Texas ruling by extending Saturday’s deadline until December 21, and several of those states already have January deadlines for February 1 coverage.

List 10 Up: Top ten holiday party tips

December 19th, 2018 by Michael Schmidt at Cozen O'Connor

PODCAST

Michael Schmidt presents a Top 10 list of thoughts to minimize problems at your company's upcoming holiday party and for good measure discusses employers suing (for negative online reviews) and being sued (by an employee who signed a release)

Holiday party what-would-you-dos

December 18th, 2018 by Robin Shea at Constangy

Real life scenario 1: A very high-performing, squeaky clean employee drinks too much at the holiday party and tries to kiss a colleague.

Real life scenario 2: A colleague / mentee / impressionable underling asks if it is a career-limiting move not to attend a "dreaded company holiday party".

Discuss (if with yourself, we recommend pretending you are on the phone so people will accept your discussion with the ether).

Now grade yourself against the expert, Robin Shea.

2019 minimum wage chart

December 17th, 2018 by Shenna Harris, Jill Kirila and Meghan Hill at Squire Patton Boggs

Squire Patton Boggs, the author of our Wages and Hours – An Employer's Guide, put together a minimum wage chart for pretty much everywhere and anywhere. The chart, along with lots of other good stuff, can be found in the book, which in turn can be found in this drop-down menu, which in turn can be used to pre-order the book.

Save the Office Holiday Party

December 14th, 2018 by hrsimple

The primary barrier to a holiday office party is:

1.  booze
2. dietary restrictions
3. White Elephant gift exchange
4. deciding who to invite: vendors/significant others/kids/pets/foreign exchange students/HR (which is why we usually plan the party) 
5. #MeToo
6. the boss insists on showing up
7. money
8. too busy
9. Instagram
10. karaoke

Correct.

For tools, tips, techniques, a quiz, and some TV... read more

MeToo, avoiding women, and the modified Mike Pence Rule

December 7th, 2018 by Robin Shea at Constangy

One way to for men to avoid a sexual harassment claim is to avoid women. Not coincidently, that is also a way to run right into a sex discrimination claim.

So is the so-called two-step "Mike Pence Rule" (the Vice President reportedly (1) doesn't have dinners alone with women, and (2) doesn't attend parties unless his wife comes with him) a way or no way?

Robin Shea tweaks the Mike Pence Rule while debunking some "avoid" myths.

Carnac the Magnificent says – Politicussin

December 5th, 2018 by Aaron Warshaw at Ogletree Deakins

What happens when political discussions in the workplace have not been addressed before the discussions get political.

Political discussions at work are a minefield at any time. Add one part holiday party, two parts booze and maybe an off-site location, mix thoroughly and you may have yourself a politicussin'.

Aaron Warshaw provides 6 FAQs and their answers so nothing progresses past politiscussions.

1. common concerns
2. First Amendment protections
3. political discussions gone bad
4. name-calling based on race or national origin
5. limiting or monitoring social media accounts
6. policies limiting political discussions