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Arbitration: American Arbitration Association Issues New Guidelines for Employment Disputes

Responding to the onslaught of court rulings on work-related arbitration agreements, the American Arbitration Association (AAA) has modified its national rules for resolving employment disputes. According to the AAA, the changes are also intended to reflect the association’s commitment to fairness for employees. Note that these rules aren’t law, but most arbitration agreements include provisions […]

The CEO: Chief Engagement Officer: Turning Hierarchy Upside Down to Drive Performance

Ralph Gaillard reviews the book The CEO: Chief Engagement Officer: Turning Hierarchy Upside Down to Drive Performance by John Smythe. Review highlights book’s discussion of employee communication and engagement. Employee engagement, the workplace phenomenon that propels employees to become passionate about their work, their employers and the company’s long-term objectives, is all the rage right […]

The Power of Words

Most people would agree that strong communication skills — written or verbal — are an asset for any manager. The ability to communicate effectively can be a profound advantage in business. Words can be used to motivate, negotiate, intimidate, and validate. Words are powerful weapons and, when wielded by someone who is adept in their […]

Alleged Whistleblower Must Only Prove Protected Activity Was ‘Contributing Factor’

On February 8, 2024, the Supreme Court of the United States (SCOTUS) found that former employees who filed a federal whistleblower retaliation claim under the Sarbanes-Oxley Act (SOX) must only show the protected activity was a “contributing factor” to the employer’s adverse employment decision. Significantly, the Court found whistleblowers need not show “retaliatory intent”—in contrast […]

Most HR Failures Come from Ignoring the Basics

There are dozens of picky technical ways to run afoul of employment laws, but more often than not it’s the most fundamental failures that get employers in trouble, say attorneys John K. Skousen and Christopher J. Boman. Unfortunately, Skousen says, employers have the money and the power, so there’s an automatic bias towards them. That […]

UAW’s effort to unionize Mississippi Nissan workers fails

by Martin J. Regimbal Workers at the Nissan auto plant in Canton, Mississippi, rejected a unionization effort by the United Auto Workers (UAW) on August 3-4, leaving intact the union’s record of unsuccessful organizing attempts at foreign-owned auto plants in the South. The UAW has never fully organized a foreign-owned auto plant in the South, […]

EEO-1: Are You Ready To Report?

Each year, employers are required to report the demographics of their workforce to the Joint Reporting Commission of the Office of Federal Contract Compliance Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC).

Don’t Forget to Find Some Quiet Time This Year

You don’t spend nearly enough time simply thinking. Before you take offense to that statement, consider how much time you spend talking, responding to e-mail, even reading—my guess is that you spend more time doing any one of them than you do thinking.