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Would You Drop to the Floor If Shooting Broke Out In Your Workplace?

by Howard Mavity in Insurance & Loss Prevention, Safety & Security. Posted September 14, 2015

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 ...

Tattoos, Haircuts, and Head Coverings

by Andria Ryan in Food & Beverage, Human Resources, Lodging. Posted June 11, 2015

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 ...

Employee Theft – Protecting More Than Property

by Andria Ryan in Human Resources, Insurance & Loss Prevention. Posted June 11, 2015

The problem of employee theft in hotels is an age-old problem. Businesses lose billion of dollars each year in employee theft. And hotels, by nature, present numerous opportunities for employee theft from guests and the house. Theft in a hotel can take many forms – from identity theft to credit card fraud to theft of ...

Why Would Employees Tease About Nooses In 2013?

by Howard Mavity in Human Resources, Legal. Posted June 9, 2015

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, ...

Employment Law Litigation: Count the Cost Before Waging the War

by Richard Meneghello in Legal. Posted June 9, 2015

When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, but he might as well have. One of his most famous quotes from that epic military treatise is “Those who wish to fight must ...

Deep-Fried Discrimination Claim: Lisa T. Jackson v. Paula Deen, et al.

by Craig Cowart in Food & Beverage, Human Resources, Legal. Posted June 4, 2015

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” ...

When is a Union Not a Union? When It’s a “Worker Center”

by Steve Bernstein in Food & Beverage, Human Resources, Legal, Lodging. Posted June 4, 2015

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 ...

Managerial Exemption and Class Actions

by Colin Calvert in Human Resources, Legal. Posted June 4, 2015

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 ...

Love is in the Air: Workplace Romance Policies

by Ria Chattergoon in Human Resources, Legal. Posted June 4, 2015

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)!

What Came First — Management Discipline or the Employee Complaint?

by Tillman Coffey in Human Resources, Legal. Posted June 4, 2015

You finally have decided to take the long overdue disciplinary action. Just before you do, the employee to be disciplined, possibly sensing what’s about to happen, makes a complaint of harassment. This is the first you’ve heard of this problem. Is the complaint legitimate? What do you do? Continue with the planned disciplinary action? Put ...

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