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No gender confusion means no discrimination

It has been said that the more things change, the more they stay the same. That certainly applies to the following case involving the employment application of a biological female who identifies as a male. While the scenario might be somewhat unusual, the legal issue is one that has been around for decades: Can you […]

Employer Violated NLRA by Firing Workers for Facebook Postings

Clothing retailer Bettie Page must reinstate three terminated employees with back pay and rescind an unlawful handbook rule, said the National Labor Relations Board in affirming a lower court’s finding that the employer violated several provisions of the National Labor Relations Act. The NLRB agreed that the employer violated the NLRA’s prohibition of unfair labor […]

Firing an Employee: Why You Should Never Act Alone

In yesterday’s CED, Hunter Lott of Please Sue Me fame offered his lawsuit avoidance tips. Today, his advice on legal exposure in 2011, plus an introduction to an upcoming event you won’t want to miss. First, specialized input. As we mentioned in yesterday’s CED, specialized members of the management team, like the HR manager, are in a […]

Workers’ Compensation: Employee Gets Six Years to File Comp Claim Because Employer Didn’t Provide Notice of Rights

Thomas Davenport worked for Michael Faeth Cleaners (MFC) under its contract with Camp Pendleton to dry-clean military clothing. He lived in a hotel on the base and MFC paid for his room and board. One day, while Davenport was cooking in his hotel room, a grease fire started and Davenport was burned on his arms, […]

Issues When Entering Canada with a Criminal Record

Times have changed. Borders, too. Frequent business travelers know that and leave earlier to allow for longer security controls. But they are sometimes astonished when a border officer declares them inadmissible to Canada for criminality. A new environment Nowadays, border officers work in an enforcement environment. A much greater emphasis is now put on security […]

Hot List: BusinessWeek’s Best Seller List

BusinessWeek magazine ranks the 15 best selling hardcover and paperback business books for July 2009 and  gives a short summary. 1. Outliers: The Story of Success by Malcolm Gladwell. As you’d expect with Gladwell, there are lots of surprises in his explanation of why some people succeed fantastically. Pluck and smarts get less play here […]

Mental Health Parity Rules Remove ‘Clinically Appropriate’ Exemption

Final mental health parity rules issued Nov. 8 make several changes to the prior, interim version. The exemption for “clinically appropriate standards of care” was eliminated because regulators decided it was confusing and subject to abuse, and the rules’ application to “intermediate” coverage levels was clarified in response to uncertainty about how the interim rules’ […]

Politics, Negative Ads, and Trust

By Stephen D. Bruce, PHR Editor, HR Daily Advisor I’m always intrigued with presidential politics, says business and leadership blogger Dan Oswald. Specifically, he says, I like to watch how politicians, often with track records in a governor’s mansion, Congress or even the White House go about getting elected or re-elected. Maybe it’s the marketer […]

Hiring: Should We Accept Video Resumes?

In our hiring training, we’ve told our managers to avoid information that is not job related, especially when it has to do with protected characteristics. But we still get a lot of details we shouldn’t know about in other ways. Some applicants send pictures with their e-mailed resumes and others send video resumes. What do […]

Who Calls 911? and Other Tricky Disaster Questions

In yesterday’s Advisor, we got expert tips on developing a disaster plan. Today, there’s more on some specific disaster-planning issues and an introduction to a policy program that will help you with your disaster policy and all your key HR policies. Who Calls 911? If somebody needs emergency medical services, or there is another emergency, […]