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Work Criticisms Don’t Equal Adverse Action

When Specialty Restaurants Corp. (SRC) hired Alberto Pinero as general manager of Luminarias in Monterey Park, Pinero had an age bias lawsuit pending against his former employer that he didn’t tell SRC about. When SRC’s chief executive learned about the suit, he tried to persuade Pinero to drop it on the grounds that it was […]

U.S. Supreme Court Building

Supreme Court Sets High Bar for Class Certification

by Brad Williams, Holland & Hart LLP The U.S. Supreme Court’s Dukes v. Wal-Mart decision is enormously consequential for employers, particularly those facing “bet-the-company” class actions involving allegations of widespread discrimination. In essence, the Court answered a number of outstanding procedural and interpretive questions involving the federal class-action device in such a way as to […]

Social Media Background Checks—Yes or No?

By Stephen D. Bruce, PHR Editor, HR Daily Advisor Should you be doing background checks on Google, Facebook, and other websites? Experts come down on both sides of the question, so let’s find out what’s happening in the real world. First of all, what’s the controversy? Con: Checks Are Dangerous Experts against doing social media […]

PEDs, iPhones, Payroll, Piracy—Perfect Storm?

PEDs—portable electronic devices such as laptops, PDAs, pocket drives, and memory cards—are in your office by the dozens. Are they putting confidential data at risk? Generating unexpected overtime? Destroying productivity? It’s time for a separate PED policy. First, courtesy of our sister newsletter, the Safety Daily Advisor, let’s consider the various laws that relate to […]

I Do. You Sue

This week was another repeat of “Niagara,” the hour-long Pam and Jim wedding episode. Doug Hall and Matt Scott did a nice job with this episode here and here offering different takes on employee behavior outside the office. But seriously, does an employer really have to be concerned about what happens at an employee’s wedding? Yup. The […]

Union Organizing: Employer Ordered To Bargain Even Though Union Lost Election; What You Can And Can’t Do During An Organizing Campaign

Have your employees been grumbling about wanting better pay and benefits? If so, you could be headed for a union-organizing drive, and it’s critical that you know what the law allows you to do. A recent case involving an employer that promised better pay and handed out perks to employees on union election day demonstrates […]

Social Media: Your Best Offense or Your Best Defense?

Social media usage is coming like a tidal wave, and employers need to be thinking about their offense—how to present themselves online—and their defense—how to respond to negative expressions about their company on blogs and rant sites. Alison Davis, a communications consultant, recommends a thorough and proactive approach. Davis is CEO of Davis & Company […]

People are people

It’s always good to remember that people are people. In our society, we tend to put people on a pedestal. Athletes, actors, musicians, and even business executives are revered and idolized. Consider how Michael Jordan, George Clooney, Elvis Presley, and Steve Jobs are perceived. Elvis—only his first name is necessary—is still the second best-selling artist […]

Wage And Hour: Correcting Docking Mistakes Can Salvage Exempt Status

Even if you’ve correctly classified an employee as exempt from overtime, you can jeopardize the person’s status by improperly docking their pay or otherwise treating the worker as an hourly employee. And mistakes can be costly, requiring you to pay past and future overtime. But there is a little-known special provision in federal law that […]