NLRB offers guidance on electronic signatures in representation cases

Technology for HR - Wed, 02/03/2016 - 08:00

by Kevin C. McCormick As you may know, to trigger a secret-ballot election in the past, unions would often obtain authorization cards signed by at least 30 percent of the workers in the potential bargaining unit. How those cards were obtained and who actually signed them was often questioned and litigated before an election was held. Now the...

Categories: Blogs, Technology for HR

3 common problems with hiring and the presidential election

The Oswald Letter - Mon, 02/01/2016 - 11:14

The road to the 2016 U.S. presidential election officially begins today with the Iowa caucuses. Having grown up in Iowa, I have experienced the caucus process first-hand. It’s an interesting process that has a real grassroots feel to it, and it can produce some very interesting results that are often difficult to predict. If you’re like me,...

Categories: Blogs

Social media posts: a fireable offense?

Technology for HR - Wed, 01/27/2016 - 10:09

by Anders W. Lindberg An employee goes on a Facebook rant about your company. An employee posts an unflattering picture on Instagram that puts your company in a less-than-positive light. An employee live tweets an internal matter during work hours. Are these fireable offenses? Can you discipline employees for such transgressions?  The answer...

Categories: Blogs, Technology for HR

What does luck have to do with it?

The Oswald Letter - Mon, 01/25/2016 - 19:00

by Dan Oswald “I’d rather be lucky than good.” Those famous words were uttered by Lefty Gomez, a left-handed pitcher for the New York Yankees who played primarily in the 1930s. Take a minute to let that quote soak in. Would you rather be lucky or good? I guess if you had to choose between the two, you probably couldn’t go wrong with either...

Categories: Blogs

What #OscarsSoWhite teaches us about disparate impact

EntertainHR - Mon, 01/25/2016 - 09:29

I have to admit that I’m just not a big fan of awards shows, and that includes the Academy Awards. Don’t get me wrong, I love movies. But I find awards shows dull and way, way too long. If something extremely funny happens, or someone makes an incredibly touching or socially impactful speech, I can […]

Categories: Blogs

Keeping it real: litigation insights from ‘Making a Murderer’

EntertainHR - Wed, 01/20/2016 - 16:20

It’s mid-January, and I’m sitting in my office writing this post while snow falls outside. (Yes, we get snow in South Carolina and, yes, it terrifies us.) The snow, however, reminds me of the frozen northern Wisconsin landscapes featured in my latest binge-watching favorite, Netflix’s Making a Murderer.  If you’ve not seen it yet, Making...

Categories: Blogs

Evidence in supervisor’s e-mails prevents dismissal of employee’s USERRA claim

Technology for HR - Wed, 01/20/2016 - 10:47

by Sarah Caldwell Breslin The 7th Circuit recently overturned a district court’s decision to grant summary judgment (pretrial dismissal) in favor of an employer. The appeals court found there was a genuine issue of material fact regarding whether an employee’s termination was motivated by antimilitary animus and whether the...

Categories: Blogs, Technology for HR

Martin Luther King, Jr., taught us invaluable lessons on leadership

The Oswald Letter - Mon, 01/18/2016 - 10:11

by Dan Oswald Today we celebrate the life of Martin Luther King, Jr. King was a man who accomplished so much, affected so many others, and left a lasting legacy that is still prevalent today. Martin Luther King, Jr., was born in 1929 and lived just 39 years before he was tragically assassinated in Memphis, Tennessee, in 1968. But in those 39...

Categories: Blogs

Getting past the threat of sexual harassment in the workplace

Diversity Insight - Sun, 01/17/2016 - 16:00

As employers strive to create diverse workforces, they need to think beyond just attracting employees from varied backgrounds. It’s just as important to think about how to retain a diverse group. Taking steps to prevent sexual harassment is one way to make sure talented and productive employees don’t flee work environments they find...

Categories: Blogs

Team up with your employees for the new year

Diversity Insight - Sun, 01/17/2016 - 15:58

by Robert P. Tinnin, Jr. What do you do when employee morale is at an all-time low? As we all know, it is hard to produce positive outcomes with a workforce that has a negative attitude. I am a firm believer that there is a direct correlation between the level of employee involvement in identifying and addressing workplace issues and the degree of...

Categories: Blogs

When a good employee makes a bad mistake

Diversity Insight - Sun, 01/17/2016 - 15:57

by Mark I. Schickman Brian Williams was NBC’s news superstar, appearing on programs ranging from 30 Rock, Saturday Night Live, and The Tonight Show. He was a beloved regular on the talk show circuit. Since 2004, he was heir to a line of NBC news chiefs flowing from Chet Huntley and David Brinkley through John Chancellor to Tom Brokaw.  But,...

Categories: Blogs

Employer’s workplace violence memo violated employee rights

Diversity Insight - Sun, 01/17/2016 - 15:56

by Frank Rox The National Labor Relations Board (NLRB) continues to amaze (but not surprise) us with its “anything goes” acquiescence to inappropriate workplace behavior. Recently, in Care One at Madison Ave., LLC (Dec. 2014), the Board ruled that an employer violated employees’ rights by posting its workplace violence...

Categories: Blogs

Employees who posed for photo as KKK members lose race bias case

Diversity Insight - Sun, 01/17/2016 - 15:51

by Emily Bensinger Edmunds It should go without saying that dressing up as a Ku Klux Klan (KKK) member in modified work clothing at work is unacceptable conduct in the eyes of any employer. As this case from the U.S. District Court for the Eastern District of Pennsylvania shows, three employees who were fired after being photographed dressed in KKK...

Categories: Blogs

Fired worker may sue over inconsistent enforcement of social media policy

Technology for HR - Thu, 01/14/2016 - 09:51

by Elijah Yip You’ve adopted a social media policy after hearing all the warnings about employees behaving badly on social media. But do you enforce your policy consistently? Failing to apply such a policy in a consistent manner can be risky business, as a recent federal court decision illustrates. The court allowed a former...

Categories: Blogs, Technology for HR

The Intern: delightful movie—risky employment practice

EntertainHR - Tue, 01/12/2016 - 08:37

Well, the Golden Globes were Sunday night and all of Hollywood tuned it to celebrate the best of film and television. One movie that was noticeably absent from the nominations (at least in my opinion) was The Intern, a heartwarming film starring Robert DeNiro and Anne Hathaway, that tells the story of a lovable retiree […]

Categories: Blogs

Use discipline to achieve your goals in 2016

The Oswald Letter - Mon, 01/11/2016 - 19:00

by Dan Oswald The other day, I brought in a couple dozen donuts for a meeting we were having at the office. Since it was the first week back to work in the new year, I must admit I was curious about how many of those donuts would get eaten. How resolute would my colleagues be about their New Year’s resolutions? Much to my amazement, not a single...

Categories: Blogs

Employer’s e-mails evince animus against reservist

Technology for HR - Thu, 01/07/2016 - 10:22

by Steven L. Brenneman Employers that use e-mail (that’s everyone) should take pause from a recent decision by the U.S. 7th Circuit Court of Appeals (whose rulings cover Illinois). Read on to learn why a management team frustrated by an employee’s frequent absences due to military leave and posttraumatic stress disorder (PTSD) is now facing...

Categories: Blogs, Technology for HR

3 tips for appropriate performance appraisals

EntertainHR - Tue, 01/05/2016 - 06:49

Each new year brings new resolutions. You might not be surprised to learn a 2015 Nielsen survey showed getting in shape was the most common new year’s resolution for last year. This year is likely to bring more of the same. I know in my own household, Santa brought my wife and me matching Fitbits for Christmas. (St. […]

Categories: Blogs

Anticipate great success at work in 2016

The Oswald Letter - Mon, 01/04/2016 - 19:00

by Dan Oswald The opening line of Carly Simon’s 1971 song Anticipation is “We can never know about the days to come, but we think about them anyway.” As I write this, it’s the first day back at work in the new year, and anticipation sums up the way I feel today. Webster’s defines anticipation as “a feeling of excitement about something...

Categories: Blogs

Being a good boss is not a popularity contest, is it?

Technology for HR - Mon, 12/28/2015 - 05:00

by Molly DiBianca Being the boss is tough. The boss has to make tough decisions. The boss has to break bad news. Being the boss is not for everyone, and the boss is not always the most popular member of the workforce. The boss is not elected by popularity, but a new app just might challenge that premise. Yelp-like ratings—yikes! A new app,...

Categories: Blogs, Technology for HR
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