Ver la versión en español aquí Rumors of more potential layoffs have been circulating for quite some time at the once internet giant, Yahoo. Despite reductions in its workforce by 14% in 2014, Yahoo’s economic woes continue. So, it was not necessarily a surprise when approximately 30 employees were laid off in late January even … Continue Reading
Ver la versión en español aquí As I was recently working on my Christmas “to do” list while singing along to “Santa Claus is Coming to Town,” the lyrics “He’s making a list, and checking it twice, Gonna find out whose naughty or nice,” reminded me that December is not only the holiday season, but is … Continue Reading
Ver la versión en español aquí Recently, I had occasion to watch Season 1 of the Netflix series, Marco Polo. The plot is based on the 13th century Mongolian Empire. However, to an employment lawyer, it all seems like a page out of an employment law primer. The main protagonist (read, disgruntled employee), Marco Polo, … Continue Reading
Ver la versión en español aquí There has been a consistent and steady decrease in unionization across the Country over the past forty years. Although many can argue as to the reasons for that, it is clear that organized labor intends to alter that trend by changing the rules of the game. The most recent … Continue Reading
Ver la versión en español aquí In the movie Horrible Bosses, three friends conspire to murder their bosses when they realize they are standing in the way of their happiness. While most employees would not take it to that extreme (hopefully!), conflicts between employees and their superiors occur. Recently, in Higgins-Williams v. Sutter Medical Foundation, … Continue Reading
Ver la versión en español aquí Title VII, through the Pregnancy Discrimination Act (PDA), has expressly prohibited pregnancy discrimination since 1978. Thirteen years later, the Supreme Court, in Johnson Controls, told us that even well-intentioned, but facially discriminatory, gender and pregnancy based employment policies — like Johnson Control’s policy of prohibiting fertile women from working … Continue Reading
Ver la versión en español aquí You’ve always treated your employees fairly, even when the relationship doesn’t work out and you have to let the employee go or when you’ve had to terminate employees due to downsizing. Often, you agree to continue the employee’s benefits for a few months during a severance period. You know … Continue Reading
Ver la versión en español aquí Why would an employer force its employees to tell each other “I love you” or require employees to “thank God for their employment”? According to a lawsuit filed by the EEOC in New York federal court, the owners of United Health Programs of America and Cost Containment Group subscribe … Continue Reading
Ver la versión en español aquí How’s this for news? A.K. Verma, an engineer for the Central Public Works Department (CPWD) in India, was recently fired after last showing up for work in December 1990. Verma left work sick one morning in 1990. He requested leave and then sought an extension of his initial leave. … Continue Reading
Ver la versión en español aquí Employee: “Hi, Ms. HR Manager, here’s my new Social Security Number. And I also have a new work authorization document.” Ms. HR Manager: “Huh, you’ve worked here three years. This Social Security Number is different from the one on your Form I-9. Is it Friday yet?” You may have … Continue Reading
Ver la versión en español aquí “Writing is thinking. To write well is to think clearly. That’s why it’s so hard.” -David McCullough Hickory Foods, Inc. out of Jacksonville, Florida provided a departing employee, Jonathan Thomas, with a written severance package. The company wanted to pay Thomas an additional eight weeks of his annual salary as severance. … Continue Reading
Ver la versión en español aquí We have a time-out circle in my house, and from time to time, my preschool-age son visits the circle. Time-outs separate him from whatever undesirable behavior or activity he is engaged in – such as whining, arguing about brushing his teeth or throwing his toys – and give him … Continue Reading
Ver la versión en español aquí You be the judge . . . An Activity Aide at a nursing home transferred a resident back to the resident’s room. A non-supervisory Nursing Assistant then told the Activity Aide that the resident wanted the Rosary read to her. The Activity Aide refused and explained to the Nursing … Continue Reading
Ver la versión en español aquí Benjamin Moore & Co. is an American paint company. A former Benjamin Moore Manager, Clinton Tucker, alleges that the Company is marketing paints with racially insensitive names – his two names as a matter of fact. Tucker claims that Benjamin Moore’s Clinton Brown and Tucker Chocolate paint colors refer to … Continue Reading
Ver la versión en español aquí A bank teller in Kentucky recently sued her employer claiming that she was fired from her job for telling every customer she met to “have a blessed day.” She was just being polite, right? Well, the bank alleges that several customers were offended by the teller’s comment. The teller also … Continue Reading
Ver la versión en español aquí Let’s do a little role-playing. You’re the HR Director and Jane is an employee at your company: Jane: I’ve been feeling anxious and depressed since my return to work from medical leave. HR Director: I’m sorry to hear that, Jane. I hope you feel better soon. Is there anything I … Continue Reading
Three cases brought by the Equal Employment Opportunity Commission (“EEOC”) highlight the importance of employers considering religious accommodations for their dress code policies. Pursuant to the law, a religious accommodation must be made as long as it does not impose an undue hardship to the employer. Two of the cases brought by the EEOC are … Continue Reading
Florida Governor Rick Scott signed SB 1030 today. This law now makes it legal for qualified patients in Florida to take low-THC cannabis in liquid form to treat certain seizure disorders, such as epilepsy and muscle spasms, and for cancer. While SB 1030 will likely not have a huge impact on day-to-day operations in the … Continue Reading
Ver la versión en español aquí The explosion in popularity of social media has, in my opinion, been a blessing and a curse for businesses. On the one hand, social media helps businesses market products and services, and reach-out to current and potential customers, with relative ease and little cost. On the other hand, social … Continue Reading
Ver la versión en español aquí The City of Hot Springs, Arkansas, found itself in hot water after not rehiring employee Wayne Jackson following his leave under the Family and Medical Leave Act (FMLA). Jackson had surgery and went on leave in January 2010. After using his 9 weeks of sick leave, he took 12 … Continue Reading
I wish I had $5 for every time I hear an employer say, “Florida is a right-to-work state, so doesn’t that mean I can terminate an employee for any reason?” Well, sort of, but you have confused the concepts of “right to work” and “at will” employment. Meaning of “Right to Work State” When we … Continue Reading
Kudos to NBA Commissioner Adam Silver, who, like a true HR professional, fined Los Angeles Clippers owner Donald Sterling $2.5 million and banned Sterling for life from the NBA. The punishment came last week on the heels of a leaked audio recording in which Sterling is heard scolding V. Stiviano, Sterling’s “personal assistant” (code name … Continue Reading
(in other words, do as Steve Miller says) I think most would agree that loyalty is right up there among the most desirable employee traits (and if you disagree, please don’t stop reading . . . I spent a precious weekend writing this blog). Assessing employee loyalty can be difficult. Don’t expect an employee to … Continue Reading
A National Labor Relations Board (NLRB) administrative law judge recently found two code of conduct rules that prohibited comments exceeding “the bounds of fair criticism” and behavior that “is counter to promoting teamwork” violated the National Labor Relations Act (NLRA). Click here for copy of the case. The case arose after the William Beaumont Hospital terminated … Continue Reading
