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Radical Candor in the Workplace: How “Being Nice” To Employees May Place You In Legal Jeopardy

Is honesty really the best policy at the workplace? Some employers believe that a few little white lies might help them avoid uncomfortable situations and confrontations. It’s common for some to spare an employee’s feelings during performance reviews for fear of upsetting the employee or being accused of treating them differently from others. Many employers ...
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Pre-Travel Health Planning Can Help You Avoid Common Issues

Pre-travel health planning is paramount. Travelers can face a variety of health-related threats while traveling abroad from infectious diseases and injury to exacerbating pre-existing medical conditions. Fortunately, many of these issues can be mitigated and even prevented prior to departure. Let’s take a look at some basic and proactive pre-travel health measures you should consider ...
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Accommodating Pregnancy Under State and Federal Law

Laws requiring both public and private employers to accommodate their pregnant employees have become a trend over the past several years.  Indeed, this past July, Massachusetts became the 22ndstate, along with the District of Columbia, to pass a law that requires an employer to engage in the interactive process and provide an accommodation to a pregnant ...
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No Sexual Harassment, but Retaliation Claim Survives

Just as the adage is that “the coverup is worse than the crime,” we know that in employment law, “the retaliation claim is more dangerous than the underlying discrimination.” The latest example of this is in the recent decision of Austin v. Bloomin’ Brands, 2:16-CV-06509-TR (Aug. 30). MOSTLY HISPANIC KITCHEN STAFF Mark Austin began working ...
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Hurricanes Headaches: HR FAQs for Employers

Natural disasters are known for the wreckage and destruction they leave in their wake and the difficulty that follows with recovery. For employers, these difficulties can arise in the form of HR challenges. When employees are affected by disasters, questions about wages, hours, FLMA, benefits, and more can arise. The best way to navigate through ...
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Big Brother or Big Benefit? Weighing the Option of Microchipping Your Employees

A Wisconsin tech company made news in August 2017 for implanting microchips into the hands of willing employees. While it’s certainly worth keeping an eye on this technology and its uses, early adopter employers face many technological unknowns, employee wariness and potential liabilities (not to mention the expense). Benefits for Employers Enhancing company security and ...
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Businesses Should Prepare For Predictive Scheduling Laws

Last month, Victoria’s Secret agreed to pay $12 million to settle a class action lawsuit in California brought by hourly employees that were denied pay as a result of the store’s use of on-call shift scheduling.  In that lawsuit, the employees relied on a California law requiring employees, who report for work on a scheduled ...
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Inconsistent Performance Standards Dooms Defense Case

Over the years, a consistent theme of this column has been that employers need to hold all employees, regardless of protected characteristic, to the same standard in order to avoid even the appearance of discrimination. These are generally “employment words to live by.” Realistically, however, managers often hold more senior employees to a higher standard ...
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Workplace Harassment 101

One lesson companies of all sizes can learn from the sexual harassment claims that Uber is facing is that an employer needs to set clear restrictions on harassment and make a conscious effort to hold employees accountable to those workplace standards.  In particular, sexual harassment has been a significant issue in the workplace since men ...
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The Sharing Economy And Discrimination Concerns: What Can You Do?

Recent studies have reported that race and gender disparities are not uncommon in the sharing economy. For example, it’s been reported that some gig workers were discriminating against customers with names that “sounded Black.” Women and workers of color are more likely to garner negative reviews from customers. And now, a recent study found that people ...
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