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Shifting Demographics: Majority to Minority?

Individuals who have long been in the majority classes for race and ethnicity may now find themselves in the unfamiliar territory of a “minority” in some states. The changes in population present an interesting—if not complicated—problem for contractors with affirmative action responsibilities. Recent census data reveal that there are four states where “minority” populations are […]

Public Official Forgot to Work Extra Hours per Week—For a Few Years

It’s hard to explain why you forgot that you had to work 8 hours extra per week, especially when minutes of a public board meeting show that you were present. And especially when you forgot for 5 years and over 2,000 hours’ worth of pay! That is the dilemma facing a fire marshal in Connecticut, […]

‘You’re Fired–You’re Too Attractive to Work Here’

Special from Atlanta—SHRM Annual Conference and Exhibition In yesterday’s Advisor, attorney James McDonald explained the legal pitfalls of one kind of lookism—“You’re too unattractive to work here.” Today, he tackles the opposite—“You’re too attractive to work here”—plus we introduce the HR policy guru, SmartPolicies. The Other Side of Lookism: I’m Too Sexy McDonald, who is […]

It’s the Employer’s Job to Know When FMLA Applies

In worst-case scenarios, stumbling blocks become legal hurdles too great for your human resources department to overcome. What starts as an innocent mistake, lack of knowledge or sin of policy omission becomes a genuine issue of material fact and it lands your company in court. In the case of Lichtenstein v. University of Pittsburgh Medical […]

Looking for Answers on OSHA Training Requirements?

Q. Are there any regulations on how often you must have safety meetings? A. Federal OSHA has no regulation that states how often you must have safety meetings. There are regulations that mandate training on a schedule such as Bloodborne Pathogens (29 CFR 1910.1030) training, which is required annually. Other general industry standards that require […]

You’re Going to Ban Political Discussion? (Good Luck …)

In a BusinessWeek article, Bruce Weinstein, PhD., who calls himself “The Ethics Guy,” says that most political issues are by their nature highly divisive. At stake in this year’s presidential election, he adds, are such questions as these, all guaranteed to have the potential for controversy: Should abortion continue to be legal? Should same-sex marriage […]

Can you declare company facilities off-limits for off-duty employees?

by Kyle C. Foust Many employers institute policies prohibiting off-duty employees from accessing their facilities. If you are one of those employers, you should ensure that the language of your policy complies with the National Labor Relations Act (NLRA). Specifically, the policy must not violate Section (8)(a)(1) of the NLRA. The National Labor Relations Board […]

‘You’re Not Attractive Enough to Work Here’ (Lookism)

Special from Atlanta—SHRM Annual Conference and Exhibition People can’t admit to their own performance failures, says attorney James McDonald, so when they are fired, they wonder, What could it have been? And they come up with: “I must have been discriminated against based on my looks!” McDonald, who is a partner in the Irvine, California office […]

Medical marijuana law takes effect in Connecticut Oct. 1

by Jonathan C. Sterling As of October 1, Connecticut employers need to make sure they’re in compliance with the state’s new medical marijuana law. Under the law, employers of one or more employees are prohibited from refusing to hire, discharging, penalizing, or threatening an employee solely on the basis of his status as a “qualifying […]

Are job counter offers ever a good idea?

Without question, a job counter offer can be a useful tool if the situation fits. Under the right circumstances it might save a key employee from leaving—at least temporarily. However, in most cases they may create more problems than they solve, so employers should take care in assessing whether a job counter offer is truly […]