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Era of #MeToo and Tell-All Books Triggering New Thinking About NDAs

Nondisclosure agreements (NDAs)–once routine and little thought about–have come under a bright spotlight in recent months. First, it was the #MeToo movement and protests by sexual harassment victims that NDAs perpetuate harassment by keeping bad, even criminal, behavior secret. Then more questions came to light with the release of Omarosa Manigault Newman’s tell-all book about […]

Timing Matters: Employee Fired During FMLA Leave for Months-Old Problems

Though the following case is still in its infancy, it tees up several common concerns in employment litigation. A new supervisor arrives on the scene and starts pointing out performance problems for the first time (calling into question the veracity of the critique). The employee goes out on leave for medical conditions. The employer decides […]

3 Tips for the Last Paycheck, Complying with Final Pay Laws – Part 1

Immediately upon termination of an employee, employers in California must hand over the last paycheck, paying all wages earned and unpaid at the time of discharge. Since the employer is the one initiating the termination, it is their responsibility to ensure this happens immediately. Otherwise, there will be consequences under final pay laws.

Will Business Travel Ever Become the Norm Again?

The business trip was once such a fundamental aspect of corporate life that it was a staple of popular culture, including launching points for storylines in the film industry. Today, of course, things are much different. Restrictions on in-person gatherings and corporate-level and individual-level fears of COVID-19 transmission and air travel mean that traveling for […]

talent

What’s the Difference Between Talent Acquisition and Recruiting?

Does your organization use the terms “recruiting” and “talent acquisition” interchangeably? Some do. But these terms actually refer to different components of the process of bringing new people into an organization. Let’s take a close look at each.

OFCCP—Out of Nowhere to New Aggressive Stance

In yesterday’s Advisor, attorney David Fortney briefed on OFCCP’s new affirmative action regulations. Today, more on the OFCCP plus links to a free 21-page OFCCP compliance guide. With the OFCCP (Office of Federal Contract Compliance Programs), it’s not only the two new challenging requirements concerning veterans and employees with disabilities, but it’s also a new […]

Essential Job Functions as a Component of ADA Compliance

Well-written job descriptions can be a key component to ADA compliance. This is because the essential functions of the job come into play when determining reasonable accommodations for disabled individuals. This connection highlights the importance of really thinking through the essential functions and keeping them updated for every position. Let’s take a look at some […]

A Blunt Burger

A fast-food worker must have been a little “distracted” when she put her half-smoked blunt down when making a customer’s burger.