Implementing an e-mail retention policy

Technology for HR - Thu, 01/19/2017 - 13:09

by Mark M. Schorr Q We are contemplating deleting the e-mails and e-mail accounts of employees who no longer work for our company. Are we required to keep former employees’ e-mail and e-mail accounts, or may we delete them as soon as someone is no longer employed by our company?  A Your e-mail system and accounts, and the e-mails...

Categories: Blogs, Technology for HR

HR tips for drafting and cultivating your own ‘Tom Brady’ or ‘Aaron Rodgers’

EntertainHR - Mon, 01/16/2017 - 16:16

Think the NFL was happy with this past Sunday’s games? I sure do. The NFL playoffs are in full swing and that usually is great news for the league since they get to dominate the sports headlines for a while. But after a weekend and a half of lackluster matchups and boring blowouts, the NFL […]

Categories: Blogs

Simplify Compliance executives share their leadership resolutions for 2017

The Oswald Letter - Mon, 01/16/2017 - 10:13

by Dan Oswald Last month, BLR was involved in a merger that resulted in a new company with four business units being established. The combined company, Simplify Compliance, serves HR, safety, and environmental professionals as well as the healthcare, telecommunications, and financial services industries. As we start 2017 with a newly constituted...

Categories: Blogs

Handling challenges to diversity in era of divisiveness

Diversity Insight - Sun, 01/15/2017 - 05:59

It may seem there’s no escaping political divisiveness. All manner of news and social media sources carry angry, frequently hurtful, and often untrue communication. And the workplace is not immune from the damage of those messages.  Presidential campaigns have been heated before, but the 2016 contest seemed especially rife with venom. Since the...

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Are your decisions made for the reasons you think?

Diversity Insight - Sun, 01/15/2017 - 05:45

by Dinita L. James Employment laws prohibit intentional discrimination based on race, sex, or other protected characteristics as well as practices that have a discriminatory impact if they’re not supported by business necessity. Implicit or unconscious bias isn’t technically unlawful in the workplace if it doesn’t cause an...

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Walking the workplace proselytizing tightrope

Diversity Insight - Sun, 01/15/2017 - 05:35

by David L. Johnson “Have a blessed day.” “I’m praying for you.” “Are you a believer?” “Would you be interested in attending church with me?” Comments and questions like those may be common in your workplace. On the one hand, Title VII of the Civil Rights Act of 1964 bars employers from...

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ADA interactive process: When does your obligation to engage begin?

Diversity Insight - Sun, 01/15/2017 - 05:33

by Susan Hartmus Hiser Q We have an employee whose work performance has been slipping lately. We have reason to believe that she is suffering from depression because she was diagnosed as bipolar and had a bout of depression a few years ago that led to a similar decline in her work performance. We allowed her to work a modified schedule for a brief...

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U.S. Supreme Court to consider transgender restroom lawsuit

Diversity Insight - Sun, 01/15/2017 - 05:30

by Ryan B. Frazier During the 1990s, Saturday Night Live, a popular TV sketch comedy show, featured a recurring gender-ambiguous character, Pat. The gag in Pat’s comedy sketches often involved others’ failed attempts to determine the seemingly androgynous character’s gender. The skits played off the then-prevailing view that a...

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Think before you reply: Phishing schemes casting a wider net

Technology for HR - Thu, 01/12/2017 - 10:14

by Michelle Dougherty With all the cybersecurity concerns that abound in this day and age, we are understandably a little leery of transmitting information electronically. Well, we now have one more reason to be cautious. Most of us are aware of the phishing schemes directed at individual taxpayers dating back to at least 2008. This past tax...

Categories: Blogs, Technology for HR

Hack attacks!

EntertainHR - Wed, 01/11/2017 - 09:05

Lately, the news has led with stories about the alleged Russian hacking of various American political organizations, ostensibly for the purpose of influencing the 2016 elections. U.S. law enforcement has surmised that the Russian government orchestrated a number of incursions into networks controlled by the major political parties and that they...

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Long-term success requires looking beyond just the results

The Oswald Letter - Mon, 01/09/2017 - 11:00

by Dan Oswald There’s an old story that goes like this: A man walks into a bar and asks the bartender for a glass of water. Instead, the bartender pulls out a shotgun and fires a shot, just missing the man. Satisfied, the man places a nice tip on the bar, turns, and walks out. Why would the man tip the bartender after he fired a shotgun at him?...

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Court finds ‘wild sex’ texts didn’t create hostile work environment

Technology for HR - Thu, 01/05/2017 - 07:13

by Sara Anne T. Quinn An employee can establish a sex discrimination claim by proving that discriminatory behavior created a “hostile work environment.” A recent decision from the U.S. 6th Circuit Court of Appeals addressed whether admittedly unprofessional behavior amounted to a hostile work environment. The court ultimately upheld...

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Do not repeat the mistakes of your diva

EntertainHR - Tue, 01/03/2017 - 06:44

Preparation pays off. While it may be well known that “practice, practice, practice” gets you to Carnegie Hall, it appears you don’t even need to do the sound check to play Times Square on New Year’s Eve. Mariah Carey’s performance to close out the year may have felt like a fitting end to 2016, a year that has...

Categories: Blogs

I was lucky to know Lee Smith

The Oswald Letter - Wed, 12/21/2016 - 13:16

by Dan Oswald I was extremely sad to learn today that Lee Smith, the founder of M. Lee Smith Publishers, passed away Tuesday night. Lee was a true southern gentleman and a savvy businessman. Lee founded his company in 1975 and built an incredible business that successfully served hundreds of thousands of customers over the years. I had the...

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A real friend sticks closer than a brother

The Oswald Letter - Wed, 12/21/2016 - 09:02

Editor’s Note: Dan invited former Tennessee Employment Law Letter editor John Phillips to share his memories of business colleague and “lasting friend” Lee Smith. by John Phillips In March of 1986, I started The Tennessee Employment Law Update, a monthly newsletter. Some lawyers subscribed to the newsletter, but it was primarily...

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Is password sharing a federal crime?

Technology for HR - Tue, 12/20/2016 - 09:46

by Billy Hammel Sharing a password can be a federal offense. The U.S. 9th Circuit Court of Appeals’ decision in United States v. Nosal upheld the conviction of a former employee who conspired to use the login credentials of a current employee to access his former employer’s confidential database. Focusing on the Computer Fraud and...

Categories: Blogs, Technology for HR

Top 5 HR resolutions for not getting sued in 2017

EntertainHR - Mon, 12/19/2016 - 11:04

As 2016 draws to a close, each of us will likely take time to reflect on what we hope to achieve in the coming year. In my case, this reflection usually involves resolving to be happier and more productive and reduce my carb intake. I would be remiss as an HR lawyer, however, if I […]

Categories: Blogs

Great leaders have R-E-S-P-E-C-T

The Oswald Letter - Mon, 12/19/2016 - 10:28

by Dan Oswald The other day, in a conversation about the recent U.S. presidential election, I mentioned that one of the ways I evaluate politicians is to consider whether I’d be willing to either work for the person or have the candidate work for me. It’s pretty simple—I want to work with people I respect. I believe that the person I work...

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Warding off age discrimination claims in era of older workers

Diversity Insight - Sun, 12/18/2016 - 05:59

The U.S. Bureau of Labor Statistics predicts that nearly a quarter of the workforce will be made up of people age 55 and older by 2024. That contrasts to 1994, when just 11.9 percent of workers fell into that age group. If the projection for 2024 is correct—and the aging of the baby boomer generation as well as other factors provide a solid basis...

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What’s gender identity got to do with work?

Diversity Insight - Sun, 12/18/2016 - 05:57

by Amanda M. Jones From Bruce Jenner’s announcement that he was transitioning to become a woman named “Caitlyn” to North Carolina’s passage of a so-called bathroom bill requiring schools and public agencies to restrict bathroom use to the facility corresponding to a person’s biological sex at birth, gender identity...

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