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Employers Reminded Of Workplace Violence Dangers

A new case on workplace violence in Missouri demonstrates the practical and legal challenges many employers face in today’s environment. The case shows the risk extends beyond violence by employees to violence by nonemployees – particularly in situations involving domestic abuse. Background: Employee Assigns Partial Blame For Tragedy On EmployerThe facts of the case are ...
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Would You Drop to the Floor If Shooting Broke Out In Your Workplace?

With depressing regularity, we receive calls asking for guidance in evaluating and responding to potential workplace violence threats.  The threats are rarely serious but in this era, one can never ignore concerns.  There are no easy formulas to determine if a threat is genuine.  If you review the factors that may indicate that someone is ...
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Tattoos, Haircuts, and Head Coverings

There is no legal requirement that an employer adopt a dress or appearance policy, but many restaurant and hospitality employers are looking to create (or maintain) a certain image. For good business reasons, hospitality employers adopt policies regulating dress and appearance in their workplaces. Employers may not only dictate uniform requirements, but they may expect a certain style and ...
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Why Would Employees Tease About Nooses In 2013?

It was surprising and disappointing to read about a punitive damages award against a North Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s noose. It’s 2013, not 1960. It’s bad enough when one has to defend against fabricated allegations about racial slurs and name calling, ...
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Deep-Fried Discrimination Claim: Lisa T. Jackson v. Paula Deen, et al.

The whole country watched as celebrity chef Paula Deen was roasted over the lawsuit filed by a former general manager of a Deen-affiliated restaurant. Now that the media storm is starting to fade, what lessons can employers and human resources professionals learn from what happened? Keep reading for a recipe to keep you “out of the frying pan” ...
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When is a Union Not a Union? When It’s a “Worker Center”

When the word union is thrown around everyone seems to cringe. Steve Bernstein walks us through the ins and outs of what “worker centers”  concept. The fast-food industry has fallen prey to coordinated demonstrations by a number of loosely affiliated groups, rallying around wages, benefits and other conditions. The strategy invoked by these so-called “worker centers ” (or ...
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Managerial Exemption and Class Actions

On March 20, 2013 a California Appellate court reinforced the fact that employees who attempt to certify class actions claims of “misclassification” of exempt employees (and related meal- and rest-period claims) face an uphill battle. William Dailey v. Sears, Roebuck and Company. Background Sears operates several auto centers throughout the San Diego area. The auto centers ...
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Love is in the Air: Workplace Romance Policies

Ria Chattergoon of Fisher & Phillips recently published an article titled “Love is in the Air” in our partner publication In the Mix. In this piece, she discusses some factors that lead to romantic attraction between employees, and the steps companies should take to ensure a relationship won’t end in litigation. Read More (Page 34)!
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