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Mental disorders: How will DSM-5 affect California employers?

What is DSM-5? It is the new edition of the Diagnostic and Statistical Manual of Mental Disorders, released by the American Psychiatric Association on May 18, 2013. This is the first substantial update to the DSM since 1994, and it reorganizes the classification system and changes the names of some disorders to simplify diagnostics for practitioners. The DSM is primarily used by psychiatrists and other mental health professionals in diagnosing patients, but its influence extends to the courts and the development of employment law.

5 Ways to Protect Trade Secrets During, After Pandemic

As we hopefully head toward widespread COVID-19 vaccinations and back to some sort of new normal, employers should remember business information is often valuable because it’s secret, and it’s secret and protectable only when you use reasonable efforts to preserve its confidentiality. Almost every business relies on trade secrets that, if properly preserved, can be […]

Top 5 Employee Recognition Myths

The biggest obstacle to building an effective employee recognition strategy is false assumptions, says Mike Byam, managing partner of the Terryberry Company, an employee recognition firm. His five myths appear in his new book, The WOW! Workplace. Myth #1. "They’ll Think I’m a Softie’ Byam’s first myth is that if you go out of your […]

There’s No Accounting for Termination Based on Cable Complaint

Cable companies sometimes get a bad rap. They make you sit at home, all day, waiting for them to come fix your connections. They charge you outrageous prices for things you can watch on Hulu the next day for just $8. And, they can call your boss and tell him you complained about their service, […]

A Shorter Commute Can Be Very Accommodating under the ADA, 2nd Circuit Says

Perhaps employers have been mistaken in assuming they never have to worry about a worker’s commute when accommodating a sickness or disability. In certain circumstances, an employer may be required to assist with an employee’s commute, the 2nd Circuit says in a recent opinion (Nixon-Tinkelman v. New York City Department of Health and Mental Hygiene). […]

No Deal: Let Candidates ‘Sell Themselves' on an Offer

Imagine this: You’ve found your purple squirrel! She has all the right skills, answered the interview questions exactly how you wanted, and would be the last part of the puzzle to make your team whole. You extend an offer of employment … and she declines.

The Checklist Manifesto

I had been thinking recently about the importance of a good “to do” list, so when I stumbled upon the Atul Gawande’s book The Checklist Manifesto: How to Get Things Right. I decided it was fate and bought a copy. Now I must admit, I had not heard anything about the book despite the fact […]

New NLRB General Counsel Identifies Possible Changes

Those of you who have watched the National Labor Relations Board (NLRB)—the nation’s primary enforcer of labor law—over the years no doubt expect it to reshuffle its priorities when the White House changes parties. The Board swore in Jennifer Abruzzo as its new general counsel (GC) on July 22, 2021, and three weeks later, she […]

Supporting Employees Through Infertility and Pregnancy Loss with Family-Forming Benefits

The period following the holidays and the start of a new year can be a time of reflection and planning. For individuals coping with infertility or pregnancy loss, it can also bring emotional challenges. Family-centered festivities from the holidays and conversations about children may linger, amplifying feelings of grief, isolation and frustration. These challenges, coupled […]