September 13th, 2019 by Hannah Sorcic and Adam Weiner at ReedSmith
If you hire artificially, can you pay in Sweet N' Low?
Can you ask about an applicant's salary history? Is sexual harassment prevention triaining mandatory? Every year? Are non-employees protected from harassment by the law? Another mandatory annual reporting requirement every year?
Hannah Sorcic and Adam Weiner answer these questions (well, maybe not about paying in Sweet N' Low) and more.
August 28th, 2019 by Robin Shea at Constangy
Is Tourette syndrome a disability?
Is the "N" word racial discrimination?
Can you fire someone who has Tourette syndrome?
And what about constructive discharge?
Robin Shea covers all of this and more.
August 28th, 2019 by Jennifer Queliz at Cozen O'Connor
Not content to simply stop at 10 new employment laws and regulations, the state that gives us:
pushes over the double-digit threshhold ala Spinal Tap and their magic amps with 11 new employment laws and regulations that have passed of gone into effect this year.
August 15th, 2019 by David Moore and Peter Gillespie at Laner Muchin
Look, I am not one to argue with attorneys because you never know when you might need one, so you decide for yourself the correct roaring-wall-of-water metaphor.
Regardless, any Illinois employer that either has or deals with:
would be well advised (attorney-speak for "just do it") to read what David Moore and Peter Gillespie have to say and then execute said prescribed actions elucidated (attorney-speak for "just do it") (attorneys have a rather extensive alternative vocabulary).
August 14th, 2019 by Robin Shea at Constangy
To be clear (for those of you who don't look at the pictures in my posts, which frankly is a little hurtful), I am not referring to SUE the T. Rex (and yes that is the correct spelling, just ask The Field Museum).
I am referring to getting a piece of certified mail that may make you wish you were battling SUE and not being sued.
We turn again to Robin Shea for five of ten ways employers get themselves sued, as she weaves together medicine, Stranger Things, needles, nachos, the Dodd Frank Wall Street Reform and Consumer Protection Act and hygiene,
April 22nd, 2019 by Robin Shea at Constagy
Fat-shaming at work (and everywhere, but we do pander to the SEO gods) is rude, offensive, clueless, inappropriate, (insert your own adjective(s)), and expensive.
Not always expensive, but never helpful.
Robin Shea provides some background, including some help with the behaviour requirements for a legal claim of "intentional infliction of emotional distress" (spoiler alert - did this particular case reach the burden of proof? - OK, not really a spoiler alert) and a bit of potent advice" "Employers should never ignore such behavior".
I forgot ignorant. So ignorant.
February 13th, 2019 by Emily Reber at Troutman Sanders
Workplace relationships don't work, at least for the workplace.
But they are going to happen anyway, so Emily Reber provides some policy options: prohibiting, discouraging and requiring disclosure (love contracts).
March 12th, 2019 by Emily Fullerton at Schwabe
Workplace romance - flirting, unwanted gifts, and scheduling someone just because they are single, unmarried or childless - can cause problems for managers, supervisors and employees. Emily Fullerton helps you keep Cupid, and lawsuits, at bay whether it is Valentine's Day or not.
January 28th, 2019 by Katie Basch at Kastner Westman & Wilkins
Whether getting your goat means making someone angry or getting your G.O.A.T. means choosing Tom Brady as the Greatest of All Time, it can create issues in the workplace. So yes, your opinion and how you express it – belittling, harassing, verbally abusing, bullying – CAN get you fired.
Katie Basch provides some examples, a Cleveland Browns quiz, a couple recommendations, some good background material on bullying in the workplace, and several G.O.A.T. references.
January 25th, 2019 by Robin Shea at Constangy
If it hasn't happened yet, there is a good chance that one of your employees will show up in a posted video in a less than flattering light, and that light is going to reflect on your company.
Days past, you would have taken the video at face value and determined disciplinary actions, maybe even termination, based solely on the video.
Knee-jerk doesn't work any more. Maybe now it is KnoW-jerk, as in know the employee is no jerk. And video, especially just a snippet, doesn't always tell the whole story.
Robin Shea helps you address the situation with a PR statement you should keep close at hand.
January 23rd, 2019 by Jenny Goltz at Cozen O'Connor
Common Pitfalls for Emerging Companies Founders of emerging companies are often first-time employers and find themselves having to wade through the dense patchwork of state and federal labor and employment laws. This can be a confusing undertaking that often requires legal counsel. However, there are a few very common employment law pitfalls that all emerging com...
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:
And to all a good night!
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.
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.
December 17th, 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.
September 19th, 2018 by Robin Shea at Constangy
Consider this your Cuss Class and Robin Shea is your instructor as she rips off George Carlin with her "Seven Rules About Dirty Words At Work":
August 31st, 2018 by Frank Kerbein at The Business Council of New York State, Inc.
The Business Council of New York State, Inc. (BCNYS) is helping encourage employers to provide comments on the recently released drafts of both the model sexual harassment policy and model sexual harassment training.
Frank Kerbein, Director of the Center for Human Resources at BCNYS provides a quick review and key provisions in each. Frank will also be presenting a webinar, New York State's New Sexual Harassment Law: What You Need to Know, on September 13.
August 28th, 2018 by Shenna Harris at Squire Patton Boggs
Attention. Attention. The following jurisdictions had stuff change:
MA, MD, MN, NYC, TX, VT
That is not all. Stuff will continue to change. That's life.*
*That's what people say, flying high in April, shot down in May.
February 4th, 2019 by Caroline Pham and Collin Cook at Fisher Phillips
Correct. And for those unfamiliar with Slack the business application, it is a cloud-based “team collaboration tool.” In simple terms, it is Facebook Chat / Google Hangouts for the business world: an instant messaging application that allows users to send messages and share files through online conversations.
It is also one more technological "upgrade" that creates new opportunities for harassment, wage/hour issues and privacy concerns.
Caroline Pham and Collin Cook provide what to look for and best practices to help you avoid the foot shooting thing.