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6/1/2013
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6/1/2013
Blogs
Keeping the boom going: Baby boomers continue strong hold on workforce
Today’s workers are likely to celebrate their 65th birthdays with a cake and a short gathering of coworkers in the break room – not with a big retirement party complete with the awarding of a gold watch. Retirement has taken on a new look, and employers must be ready for that trend to continue. The U.S. Census Bureau released a report in...
My wife made me do it
by Mark I. Schickman People often complain that California employment law is bizarre. My colleagues around the country call our judges “fruits and nuts.” To the contrary, however, while our legislature is farther left than most states’ legislatures and our juries are more profligate than most, our appellate courts are relatively...
Employer faces sex bias case after manager’s comments about choosing work over family
by Rich Voelbel Work-life balance is a reality that most employers have come to accept. Employees have children, and occasionally, they need to take days off to care for them when they are sick. While managers may not always like the fact that their employees have to miss work, as the case below demonstrates, it’s best to keep remarks about...
Recent EEOC settlements and enforcement actions
by Cynthia Ozger-Pascu The Equal Employment Opportunity Commission (EEOC) is continuing its aggressive pursuit of sexual harassment and discrimination claims through systemic enforcement actions. EEOC settles long-standing sexual harassment suit On January 9, the EEOC announced a $2.5 million settlement with Burger King Corporation regarding...
Internet-prompted firings: Are they lose-lose for employers?
by Tammy Binford It should be an easy call: An employee commits an intentional act that violates company policy and embarrasses a customer. Most employers would agree that discipline or termination is appropriate, but other considerations can come into play. If the workplace incident goes viral, for example, the situation gets more complicated. Add...
Tennessee Senate OK’s ‘guns in parking lots’ bill
Legislation giving handgun carry permit holders the right to keep guns in their vehicles in public parking lots, including their employer’s parking lot, passed the Tennessee Senate Monday evening, 28-5. The bill, which will go to the House Civil Justice Subcommittee Wednesday afternoon, would give civil immunity to employers for deaths, injuries,...
Admitting you have a problem is the first step in fixing the problem
There’s a very powerful scene from the first episode of the television series The Newsroom, which debuted on HBO last year. In the scene, the news anchor, played by Jeff Daniels, is a member of a panel that sits before a large auditorium filled with adults of various ages. A young woman from the crowd steps forward to ask a question: “Can you...
The Return of the Nard Dog
Litigation Value: $0. Though there is all sorts of questionable stuff going on, none of it should expose Dunder Mifflin itself to any claims or liability. In tonight’s episode, “Couples Discount,” no one really covers themselves in glory. You’ve got The Office denizens seeking to goof off one last time before Andy returns,...
DOL issues final rule on FMLA expansions
On February 4, the U.S. Department of Labor (DOL) issued a final rule implementing two expansions of the Family and Medical Leave Act (FMLA). The rule was issued to coincide with the 20th anniversary of the signing of the Act. One of the expansions provides families of eligible veterans with the same FMLA-protected leave available to families of...
FMLA’s 20th anniversary: New survey shows use and impact of law
The U.S. Department of Labor (DOL) observed the 20th anniversary of the signing of the Family and Medical Leave Act (FMLA) on February 4 by releasing a survey on its use and impact. The survey, conducted in 2012, follows previous assessments in 1995 and 2000. Both employees and worksites were surveyed. Here are some of the key findings: Most...
The price of leadership
As I write this, it’s Super Bowl Sunday, and tens of millions of viewers will be tuning in to watch the big game tonight. In fact, I heard this morning that 177 million people watched last year’s game. For most of us, our team’s season is over. With 32 teams in the NFL, there’s only a 1-in-16 chance your team is playing in the big game. So...
Teach all employees e-mail protocol
by Robert P. Tinnin, Jr. Q A colleague recently told me that courts are now extending privacy protection to e-mails sent by employees on company-owned computers. She also says that if company executives exchange business e-mails with each other on company-owned computers using their personal e-mail accounts, the messages are protected from...
Obama unveils compromise on health reform contraception rule
The Obama administration released a compromise plan February 1 on how contraception is covered under the healthcare reform law, but it’s not clear whether foes of the original requirement will approve. Under President Barack Obama’s Affordable Care Act, contraception is included as a free preventive service. The original rule exempted religious...
Draw me a butt
Litigation Value: Frank can collect from Pam and Dwight the cost of cleaning paint off his truck. “Shouldn’t someone get fired for this?” That’s the question Pam asked while confronting the large orange butts that someone (Frank) spray-painted on her warehouse mural in “Vandalism,” the second of two new episodes...
OSHA injury, illness summary to be posted by February 1
February 1 marks the deadline for covered employers to post a new summary of work-related injuries and illnesses. The summary—the U.S. Occupational Safety and Health Administration’s (OSHA) Form 300A—is required to be posted in the workplace every year from February 1 to April 30. The summary form must be completed and posted even if no...
Fire in the hole
Litigation Value: Fire in the Hole prank = potential assault and battery charges for Dwight (not to mention the dry cleaning bill); Toby’s awkwardly affectionate overtures to Nellie = fodder for a potential hostile work environment claim against the Human Resources Manager; and using the Dunder Code to hunt for the fake holy grail =...
Drive: The Surprising Truth About What Motivates Us
What really motivates people at work? Is it money? Is it recognition? Not according to Daniel Pink. Pink, in his book Drive: The Surprising Truth About What Motivates Us, maintains there are three things that truly motivate us: Autonomy – the freedom to choose task, time, technique, and team Mastery – the desire to get better and better at...
Hot List: Wall Street Journal’s Bestselling Hardcover Business Books
The following is a list of the bestselling hardcover business books as ranked by the Wall Street Journal with data from Nielsen BookScan. 1. Boomerang: Travels in the New Third World by Michael Lewis. The Vanity Fair writer and author of The Big Short: Inside the Doomsday Machine and Liar’s Poker gives a guided tour through some of the...
Hot List: Bestselling “Organizational Behavior” Books on Amazon.com
Amazon.com updates its list of the bestselling books every hour. Here is a snapshot of what is hot right now, October 3, in the “Organizational Behavior” section of the “Business and Investing” category. 1. The 4-Hour Workweek: Escape 9-5, Live Anywhere, and Join the New Rich by Timothy Ferriss. Ferriss isn’t shy...
More on “As We Speak: How to Make Your Point and Have It Stick”
Employment law attorney Mike Maslanka of Dallas takes a look at the chapter on having difficult conversations with employees from As We Speak: How to Make Your Point and Have It Stick by Peter Meyers and Shann Nix. Previously, I wrote about As We Speak: How to Make Your Point and Have It Stick by Peter Meyers and Shann Nix, but it’s so...


