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Does the Common Cold Qualify for FMLA/CFRA Leave?

Does a serious cold qualify as a serious health condition under the Family and Medical Leave Act (FMLA) and/or its state law counterpart, the California Family Rights Act (CFRA)? How about the flu? Leave of absence laws were established to protect employees with serious health conditions; do colds and the flu measure up?

COVID-19

Minimizing the Risk Of COVID-19 Infection Lawsuits Filed by Employees

As Americans continue living in an unprecedented era of quarantining, many employees aren’t quarantining at all. Workers in big-box retail shops, warehouses, grocery stores, and more are all still powering the economy as “essential employees,” and they are still physically interacting with other people throughout the day.

Bringing DEI to Government

In our series on diversity, equity, and inclusion (DEI) leaders, we’ve tended to focus primarily on the private sector, a space that’s had a lot of interesting and exciting emerging developments. However, DEI is a key consideration within government organizations, as well. And, the structure, funding mechanisms, and political element of government organizations can create […]

Texas Supreme Court Gives Drafting Lesson on Employee Write-Ups

A recent decision by the Texas Supreme Court provides a valuable lesson for employers on how to draft employee discipline. Let’s start by examining law theory and then move on to look at how to put theory into practice. Legal Theory An important concept in Texas employment law is causation in a retaliation claim. For […]

Social Media Policy 101: What Personal Social Media Actions Can be Restricted?

In a recent article, we discussed the fact that employers need to be careful to avoid being overly restrictive in their social media policies, since restricting what employees can say online might constitute interference with an employee’s right to concerted activity under Section 7 of the National Labor Relations Act (NLRA).

turnover

Why Your Best Talent is Leaving and 4 Ways to Win Them Back

Most leaders of companies today recognize the importance of having engaged people at work. Yet research from the Metrus Institute, Gallup, and others say that between 50% and 80% are not fully engaged. For many organizations, a majority of employees are only partially engaged, which research has shown reduces performance and customer satisfaction while increasing turnover. Worse yet, your best talent—those with lots of options—are most likely to leave.

New NLRB Election Procedures in Effect for Union Elections

In August 2023, the National Labor Relations Board (the “NLRB” or the “Board”) significantly changed its procedures when employees are seeking representation by a union. First, the Board enacted its “Representation-Case Procedures” rule or “2023 Election Rule,” which, among other changes, expedites the timing of an election after a petition for election has been filed. […]

The Most Important Question That Every HR Team Needs to Ask

When you know who you are, it’s easy to know what to do. A successful HR organization knows who it is. This is different than knowing what it does. **Register for Amy Haworth’s upcoming webinar, Embracing Change: Managing Employee Expectations in the New World of Work, on Aug. 18th. You don’t want to miss this […]