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Workplace Investigations: Finding the Truth

by Toby Tiner, Jr. Editors’ note: This week we feature a guest article. The editors of Maine Employment Law Letter think you will benefit from the practical insights of their colleagues. They have worked alongside Toby on many tricky employee-relations cases, and his ability to find the truth while treating employees respectfully has impressed them. […]

Four Steps to Take if Employee Has Mental or Emotional Issues

Employees who exhibit what appear to be mental or emotional issues while in the workplace or performing their job duties present some of the most difficult situations for employers. They may have a disability you may be required to accommodate under the Americans with Disabilities Act (ADA). They also may, at times at least, be […]

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Eclipse Overshadows Workday, Costs Employers Millions

August 21, 2017, was a once-in-a-lifetime opportunity to see a solar eclipse for some and—since it occurred on a Monday—a loss of profit for others. Did your company hold a solar eclipse viewing party, or did you simply allow your employees to view the eclipse on their own? Either way, if your employees weren’t working […]

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Building a Sustainable Internal Mobility Ecosystem in 2020

Remote work, telecommuting, the gig economy, mobile workforces—today’s workplace is almost unrecognizable from what it was even a decade ago. To serve as an effective business partner in this era, HR professionals must not only understand how the workplace is evolving but also anticipate changing business objectives and keep up with geopolitical events, societal changes, […]

Are Employees on Leave Talking and Texting? (FLSA)

[Go here for risks 1 to 5.] 6. Fair Labor Standards Act Risks For exempt employees, employers must pay the full salary for any workweek, regardless of the number of days or hours worked. Therefore, if an exempt employee is on an unpaid leave of absence and uses an electronic device to check or respond […]

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Employees Using New Job Offers as Bargaining Leverage

One of the most common sources of anxiety in the world of work is asking your boss for a raise or promotion. Many are hesitant to ask for things, especially money, because it feels uncomfortable and there’s a power dynamic. “Will I upset the employer I depend upon by asking for more?” Employees Today Wield […]

ADA Compliance Can Entail Accommodating Seasonal Affective Disorder

Under the new, broader definition of “disability” implemented by the Americans with Disabilities Act Amendments Act, employers must be more vigilant than ever in accommodating workers with a wide range of impairments. This includes depression-related conditions such as seasonal affective disorder, according to the Job Accommodation Network. Seasonal Affective Disorder as a Disability Seasonal affective […]

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Business Continuity: How to Identify Risks

In a previous post, we began a discussion on the topic of business continuity planning. Business continuity planning is the process of identifying, planning mitigation for, and practicing to mitigate potentially existential threats to an organization.

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Watch Out Employers! ‘Cute’ Could Be Seen as a Protected Class

According to the Equal Employment Opportunity Commission (EEOC), Title VII of the Civil Rights Act of 1964 (Title VII) makes it illegal to discriminate against someone based on race, color, religion, national origin, or sex, but could being “cute” get added to this list? A recent decision from the New York appellate court has left […]

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More Companies Expanding Employee Monitoring

Nobody likes having an employer look over his or her shoulder all day, but many companies have a variety of methods and tools in place to monitor how employee time is spent. This monitoring isn’t simply about being a strict authoritarian organization. Employees spending time on non-work-related activities has a real financial impact on businesses.