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Legal Dangers of Disciplining over Social Media

Every company is struggling with how—or if—to relate to social media. A recent white paper from national employment law firm Jackson Lewis points out some of the legal dangers in confronting employees over their use of social media. When might you want to discipline over social media? There are a myriad of scenarios, Jackson Lewis […]

ADA Bias Claim Upended by Kentucky Law’s Definition of ‘Disability’

By Jennifer Asbrock, JD, Frost Brown Todd LLC  It’s no secret that employment lawyers avoid suing Kentucky employers in federal court because of the “employee-friendly” dismissal standard in state court. Employees assert discrimination claims under the (KCRA) rather than federal law in an attempt to avoid federal court. However, that strategy comes with a price […]

At-Will Employment: Employer’s Dream or Toothless Tiger?

The old saying goes that the devil is in the details. When considering the doctrine of at-will employment, it may be more correct to say the answers are in the details. But, that doesn’t mean some of those details aren’t a bit devilish to decipher. HR professionals often struggle with termination decisions. The decision is […]

DOL Sues Staples for Alleged FMLA Violations

The U.S. Department of Labor has filed a lawsuit seeking back wages and liquidated damages on behalf of a former Staples Contract and Commercial Inc. employee for alleged violations of the Family and Medical Leave Act. DOL filed suit after a Wage and Hour Division investigation found that the employer failed to notify an employee […]

What is the NLRB’s stance on social media monitoring?

Social media monitoring is becoming increasingly common by employers as social media use by employees grows. However, employers should be careful not to be so restrictive that they tread on an employee’s right to concerted activity as protected by the NLRA. Employers should carefully craft social media policies such that they don't diminish this right.

Liars Never Disappoint, and Other HR Investigation Tips

As we saw in yesterday’s Advisor, the HR manager’s expertise and experience in conducting investigations is always under the spotlight. Today, our expert shares one additional tip for conducting investigations, and we get a few more tips from the HR Red Book®. Give liars a chance to lie, and they never disappoint, says Mike Soltis, […]

Keys for Training Supervisors to Avoid Lawsuits

While you are at it, Schickman adds, make sure that your practices match your policies. Schickman is a partner with Freeland Cooper &Foreman LLP in San Francisco. He offered his tips during a recent webinar sponsored by BLR® and HR Hero®. Supervisor Training Highlights Be sure your training covers the following, says Schickman: Basic rules […]