Tag Archives: training

Are Your Employees Naughty or Nice?

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

Facebook “Unfriending” – A Form of Workplace Bullying?

Employers in Australia may be scrambling to update their social media and anti-bullying policies in light of a finding by the Fair Work Commission (FWC), Australia’s national workplace relations tribunal, that Facebook “unfriending” may constitute workplace bullying. The FWC was tasked with analyzing whether Rachael Roberts — a real estate agent sales administrator — was … Continue Reading

The Pros and Khans of Good Workplace Management

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

Supreme Court’s Same-Sex Marriage Ruling: Time to Update Your FMLA Policy (Again!)

Ver la versión en español aquí On June 26, 2015, the United States Supreme Court held in Obergefell v. Hodges, that the Fourteenth Amendment to the United States Constitution “requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex … Continue Reading

Who Doesn’t Like Non-Competes?

Ver la versión en español aquí Clients sometimes ask, “Which employees should sign non-competition agreements?”   The answer from a growing number of employers seems to be “Everyone” and from employees it seems to be “No One”.  Recent news reports have commented on large retailers requiring that temporary or seasonal workers, stock room clerks and delivery … Continue Reading

Back by Popular Demand: “New Mental Disorders Could Lead to Spike in ADA Claims”

Ver la versión en español aquí What do forgetfulness, menstrual cramps and temper tantrums have in common? They are all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), a handbook widely used by health care professionals to assess and diagnose mental disorders. … Continue Reading

Effective Use of Non-Compete Agreements

As recently reported by The New York Times, non-compete agreements are popping-up in a wide array of businesses to protect varied business interests. As businesses have come to recognize, non-competes are not limited to protection against disclosure of a “top secret” formula, process, or technological invention.  A properly drafted non-compete agreement may have much wider … Continue Reading

Sexual Harassment Training for Congress: Necessary or a “Really Dumb Idea”?

It’s unfortunate, but it’s reality. The list of politicians engaging in sexual “shenanigans” — from President on down — continues to grow. Just last week news broke that 40-year old Vance McAllister, a newly elected member of the U.S. House of Representatives, was caught on surveillance video kissing Melissa Peacock, McAllister’s 33-year old female staffer, … Continue Reading

EEOC Updates Enforcement Guidance on Use of Arrest and Conviction Records in Employment Decisions

The Equal Employment Opportunity Commission (“EEOC”) issued updated enforcement guidance in light of recent court decisions on the use of arrest and conviction records in making employment decisions.  The EEOC Enforcement Guidance can be found here.  The guidance is not binding on employers but the EEOC will be enforcing Title VII with the guidance in … Continue Reading
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