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Lasting Effects of the #MeToo Movement

It has been about a year since the #MeToo movement went viral, spreading greater awareness about sexual misconduct and harassment, and, more generally, the role of women, in the workplace. So, where are we now, and has anything changed? Was it just an awareness movement? Or, have things actually started to shift in the legal ...
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California Supreme Court Rejects De Minimis Doctrine for Off-The-Clock Work Claims

On July 26, 2018, the California Supreme Court issued a decision entitled Douglas Troester v. Starbucks Corporation, No. S234969, which should be of concern to all California employers. The specific issue was whether, in tracking the compensable time of its non-exempt employees, Starbucks could ignore minutes that they spend closing up after they clock out ...
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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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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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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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Walking The E-Verify Tightrope: The Balance Between Compliance And Avoiding Discrimination Claims

Here’s the skinny: the Trump administration wants to make E-Verify mandatory for all employers. The electronic database that immediately confirms an individual’s eligibility to work in the United States has been promoted as a necessary step in the ramp-up to heightened immigration enforcement, which is a major focus of the new administration. President Trump’s first ...
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Workplace Violence Occurring At Alarming Rate: Time For Employers To Be Proactive

It’s a news headline we’ve seen too often, including several times in recent weeks: another disgruntled employee or former employee has entered the workplace and killed or injured coworkers. What can you do to minimize the chances that your workplace will suffer such a tragedy? Employers Should Avoid “Wait-And-See” Approach Often the employee assailant previously ...
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A New Trend — States Banning Questions Regarding Salary

In light of the current political climate and the corresponding lack of legislation being enacted at the federal level, some of the more liberal states and localities have begun to take matters into their own hands and enact their own legislation.   One trend that is starting to gain significant momentum is in the field of ...
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