HR Blog
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.
..read moreCarnac 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.
- common concerns
- First Amendment protections
- political discussions gone bad
- name-calling based on race or national origin
- limiting or monitoring social media accounts
- policies limiting political discussions
Non-competes for non-skilled – non-productive, non-legal, non-enforceable?
December 3rd, 2018 by Evan Gibbs at Troutman Sanders
Non-competes, specifically for low-wage workers:
- seem to invite the attention of attorneys generals
- are becoming the target of more and more legislation
- are difficult to write so they do more than cost you money, either on the front end or the back
- is currently being considered as a possible name change by both the Cleveland Browns and the Cincinnati Bengals as they look to rebrand and embrace the futility.
Evan Gibbs lays out the risks of using non-compete agreements with unspecialized workers en masse, and maybe the risk of pairing the name "Non-competes" with orange and brown or orange and black (actually, orange and brown is a little bit sad, right?).
..read moreDiscrimination CHARGE! – Step 3 Cause or no cause, because you gotta do something
November 28th, 2018 by Kristin Gray at FordHarrison
So you have not CHARGED forward spewing and waving, but instead have taken a deep breath, straightened your spine, not panicked, asked the right questions (if not, please see Step 1 Don't panic, ask questions) then went Kim Possible and asked more questions (if not again, please see Step 2 Go Kim Possible for the investigation phase).
Well done. Now time to find if the EEOC for cause or no cause because that is what they do. Regardless, which is kind of unfair to the EEOC cause they are just doing their job, you aren't finished:
- A no cause finding! So that's it?
- A cause finding! Now what?
If you are a skip-to-the-last-page reader, it really is worth going back and picking up the first two steps.
Step 1 Don't panic, ask questions
Step 2 Go Kim Possible for the investigation phase
..read moreDiscrimination CHARGE! – Step 2 Go Kim Possible for the investigation phase
November 28th, 2018 by Kristin Gray at FordHarrison
So you have not CHARGED forward spewing and waving, but instead have taken a deep breath, straightened your spine, not panicked and asked the right questions (if not, please see Step 1 Don't panic, ask questions). Well done. Now time to go all Kim Possible for the investigation phase by answering more questions:
- So the parties did not resolve the charge at mediation. Now what?
- What are the best practices for responding to the charge?
- What if the EEOC requests additional information?
See Step 1 if you skipped it above and then to Step 3.
Step 1 Don't panic, ask questions
Step 3 Cause or no cause, because you gotta do something
..read moreDiscrimination CHARGE! – Step 1 Don't panic, ask questions
November 28th, 2018 by Kristin Gray at FordHarrison
When you receive a charge of discrimination, take a deep breath, straighten that spine and DO NOT respond by CHARGING! forward cursing and waving your arms while proclaiming your innocence.
Don't panic. You and 84,254 (2017 numbers) other employers have or will share the same sense of shock, misery and a slight stomach drop this year. Kristin Gray will calmly walk you through the three steps you need to take. This first step is to find the answers to some important questions:
- Who is the EEOC?
- Is my business covered?
- Is the charge timely?
- How should I respond to a request to mediate?
And then on to Steps 2 and 3.
Step 2 Go Kim Possible for the investigation phase
Step 3 Cause or no cause, because you gotta do something
Depression – what can an employer do?
November 21st, 2018 by hrsimple
Depression is an illness. Depression can be treated. Depression should not be ignored.
And the holidays can carry lots of triggers: sentimental memories, loneliness, less sunlight, changes in diet/routine, alcohol at parties, end-of-year timelines at work, unrealistic expectations.
What can you, as an employer, do?
Read "What to Say (and Not Say) When an Employee Is Depressed" from Suzanne Lucas, aka Evil HR Lady, where she provides some answers, including:
- What do you say?
- What are things you should not say?
- What can you do to support an employee with depression?
- How can you accommodate employees with depression?
Employers beware - what you say can and will be used against you
November 20th, 2018 by Darryl McCallum at Shawe Rosenthal
The FMLA leave has two very bright-line disqualifications, right?
- Your employee has worked for less than one year.
- Your employee has not worked a total of 1,250 hours.
Check both of those boxes and FMLA leave is off the table. Period. End of discussion.
Except not.
Darryl McCallum explains what went wrong (think assurances), how to avoid the wrong (think communicate and document) and how it may have been worse (think ADA, then shudder).
..read moreHoliday stew – ingredients for a happy and non-litigious holiday
November 19th, 2018 by hrsimple
Holiday stew – we all have our own recipe, but the base is almost always the same: booze, mistletoe and a generous pinch of unapproved time off. And be sure you don't have enough time to prepare or clean up.
Join Gary Wheeler and Lori Mans for an hour as they provide the ingredients and know-how to help you salvage your holiday stew, including 1/2 half dry cup Secret Santa, 2 - 3 jiggers holiday party(s) - adjust accordingly, 1 medium ugly sweater, 14 oz box decorations (workplace or workspace, depending on your preference), enough year-end bonus calculation to make your eyes water
My holiday stew was oyster stew that my Mom made for Christmas Eve. Never did learn why.
..read moreMO - The weed du jour - marijuana médicale
November 8th, 2018 by Lauren Sobaski at Fisher Phillips
Lauren Sobaski provides seven next-steps which boil down to revise, DOT?, review, train, accommodate
- Revise employee handbooks and drug-testing policies
- Determine applicable DOT regulations
- Review any federal government contracts
- Train managers to identify marijuana impairment
- Train managers for conversations with employees regarding medical marijuana
- Carefully consider medical marijuana-related accommodation requests.
Biometrics in the workplace - not a measure of bios accumulated by an employee
November 7th, 2018 by Karen Glickstein at Polsinelli
Biometrics in the workplace because it is scary for employers; it is scary for employees, it provides an additional level of security, it means taking steps to make sure you don't get sued, it requires implanting "a-device-that-you-won't-even-notice" in the forehead of each employee.
Karen Glickstein provides a list of seven YDGs (you-do-gigs) (pronounced "ya dig?" or the alternative "why dogs?" (to which I respond, "why not dogs?")) before you biometric up your workforce.
..read moreThanks-giving isn't just about turkeys - include the good employees too
November 6th, 2018 by Bobbi Britton Tucker at Cozen O'Connor
The turkey at Thanksgiving is kind of like that one person at work that you can't seem to get through to - you spend way too much time focused on both. But there is more to Thanksgiving than a bird (football, stretch pants, leftovers) that was almost our national symbol, just as there are people at work that you can get through to and will respond.
Bobbi Britton Tucker helps with the Thanks-giving in the workplace; you're on your own with the stretch pants.
..read moreThe best "stay" to help you retain employees
November 5th, 2018 by Crystal Enekwa at Fisher Phillips
The labor market is tight, you don't have the time to hire anyone let alone train them, and you like your team as it is. So how do you get them to stay?
- Beg: live performance by Jackson Brown signing "Stay" or recording of the Drifters signing "Please stay"
- Bribe: offer a stay-cation in their office (this would probably require some sort of supplement, like a Butterfinger)
- Command: simply continue to repeat the command "Stay!" and then give them a piece of hot dog or some peanut butter
- Ask: what makes them stay.
Crystal Enekwa saves you the time and effort and tells you why #4. Ask is the correct answer, including:
- why you ask
- who to ask
- when to ask
- who should ask
- what to do after asking
Overtime, daylight savings time and circadian rhythyms
November 2nd, 2018 by Maria Greco Danaher and Hera S. Arsen, Ph.D. at Ogletree Deakins
Daylight savings time is no excuse for not paying overtime.
Maria Greco Danaher and Hera S. Arsen, Ph.D. look at four wage/hour issues that the extra hour of sleep may create.
- double pay for 1:00am to 2:00am?
- employer's overtime obligations
- effects on regular rate of pay
- plan ahead for losing an hour of sleep in March
Daylight savings time is also:
- a song by the Circadian Rhythms (false, but it should be)
- a method of birth control practiced by crickets and/or locusts (could be, prove that it isn't)
- opposed by both the Barbeque Industry of America and the Amateur Softball Association (makes sense)
- illegal in Arizona (not illegal, just ignored)
Controlling the political speech of buttons*
November 1st, 2018 by Danielle Krauthamer and Setareh Ebrahimian at Fisher Phillips
Can you justify a button ban? Are you sure?
Does it make a difference if the employees wearing the buttons are union or non-union employees? Hmmm, does it?
How about the three limited circumstances under which employers may place limits and prohibitions on the clothing choices of their employees while at work? Yes, there are three!
Well, Danielle Krauthamer and Setareh Ebrahimian do know the three limited circumstances and if unions make a difference and how to go about justifying a button ban.
And they know about lots of other stuff too, like pawternity benefits for pets.
* For more information on "Controlling the political speech of Buttons the Clown", there isn't any, I looked, so just enjoy this clip of Jimmy Stewart as Buttons the Clown in the Greatest Show on Earth.
..read more
