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The Recent Rise Of Predictive Scheduling Laws: Emerging Strategies In An Evolving Area

For decades, the problem of scheduling has plagued employers and employees alike. Employees prefer predictable and reliable schedules, while employers need flexibility. To address this tension, regulators have recently begun to pass predictive scheduling laws that seek to strike a tenuous balance between these interests. Given the recent rise in popularity of these laws, it ...
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Developing a New Approach to Harassment Prevention in the Era of #MeToo

Based upon 25 years of litigating harassment claims, and more than 20 years of training managers on harassment avoidance, I have reached a simple, and perhaps obvious, conclusion – that is, the “traditional” anti-harassment training used by most employers simply do not work. Whether training occurs online or in person, it almost always starts with ...
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If The Shoe Fits: How Footwear Policy May Lead To Wage And Hour Violations

Hotel and restaurant employers commonly require employees to wear uniforms, some as simple as a shirt with company logo, others requiring a more complete look: jacket or blouse and pants or skirt, or dress. Some employers, however, fail to consider the consequences of imposing the cost of the uniform on an employee. Under the federal ...
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Service Animals, Assistance Animals, Comfort Animals—And The Occasional Miniature Horse

Given the menagerie of terms, it is easy to see why some business owners are quite confused about what to do when they are asked to permit an animal in their places of business. Part of the confusion comes from the multitude of federal laws on the topic (not to mention laws passed by some ...
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Avoiding Workplace Violence: Tips And Best Practices For Hospitality Employers

Whether internal or external, violence in the workplace is an increasingly problematic issue that employers must learn to effectively minimize and prevent. This is even more important in the hospitality industry, given the constant interaction with the public, the high rate of turnover, and the added responsibility of dealing with available cash. It is imperative ...
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Business Use of E-Scooters Presents New Challenges for Employers

Eric Lazzari needed to get across downtown for a meeting and decided to use an electric scooter, according to The Denver Post. He knew the law, and was properly operating the e-scooter on the sidewalk. While stopped at an intersection, an angry pedestrian approached him, told him e-scooters didn’t belong on the sidewalk, and smacked ...
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Would You Like Fries And A Political Opinion With That? Regulating Employee Buttons, Pins, And Insignia In The Workplace

Burgers and buttons are making headlines again. Employees at Burgerville—a fast-food restaurant chain in the Pacific Northwest—recently took to wearing buttons to work and were sent home for the day. These buttons were not your typical “Hi! My Name Is ______” fare. Instead, 10 Burgerville employees in Oregon showed up to work wearing buttons which ...
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Winter Is Coming…So What Should Employers Do To Prepare?

As readers of epic fantasy novels and viewers of a certain cable TV-show know all too well, winter is most definitely coming. Your radio is already playing holiday music, the shiny decorations are already out in malls and retail stores, and your coffee shop is serving you drinks in red cups. The signs are obvious, ...
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EEOC Lawsuit Push Takes Aim At Hospitality Employers

In the first half of August 2018 alone, the U.S. Equal Employment Opportunity Commission (EEOC) filed 16 lawsuits against employers—and hospitality employers should be especially wary about this surge of litigation, as several claims took direct aim at businesses in the industry. Harassment Claims Continue To Capture Spotlight In light of the sexual abuse allegations ...
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