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The Negotiation Revisited

Litigation Value: $350,000 Employers who fail to fire employees who tape pepper spray canisters, nunchucks, and throwing stars to the bottom of their desks are playing with fire. Expensive fire. Sure, Roy started it, and I’m glad Dunder Mifflin fired him. But what about Dwight? After all, the man kept weapons at work for God […]

OSHA and the NLRB gang up on employers

by Jeffrey A. Gruen The Occupational Safety and Health Administration (OSHA) will now refer all untimely retaliation claims to the National Labor Relations Board (NLRB) to determine whether an employer engaged in an unfair labor practice (ULP) under the National Labor Relations Act (NLRA).   Background On March 6, 2014, David Michaels, OSHA’s assistant secretary of […]

Yes, We Surveyed It—Highlights from BLR’s 2013 Survey Series

Special thanks to all readers who participated in our surveys in 2013! (2014 surveys start soon.) Benefits: Health Insurance Preferred provider organization (PPO) plans are offered by 68% of survey participants, and health maintenance organization (HMO) plans are offered by 31%. High-deductible plans are a benefit for 35%, and point-of-service (POS) plans are available for […]

Finding the Best ‘Sorting Hat’ for Your Screening Process

In the movie, Harry Potter, an enchanted hat is used to sort the children into specific Hogwarts’ houses, this gadget is called the “Sorting Hat.” Wouldn’t it be nice to have your very own sorting hat to sift through all the different candidates you’re interviewing, to find the best fit for your company?

Most Common ‘Essential Function’ Mistakes

Conceptually, “essential functions” seems easy enough, but it’s tricky when you get down to specifics. And there are common mistakes that are easily avoided. Here are some “essential” guidelines, courtesy of attorney Natividad Valdez of the Washington State Department of Personnel. Why Are Essential Functions So Important? From a human resources standpoint, identifying essential functions […]

Andy Goes Soft

Litigation value: $200,000 for Andy’s severe emotional distress. Possible future litigation for his termination. Not subtle. Not subtle at all. Nellie has already usurped Andy’s manager status. Then she hauls Andy and his coworkers into a conference room and writes “IMPOTENCE” in bright red letters on the flip chart. Robert California sits there, amused by […]