Archives

NLRB

New Biden Nominee Is First Step Toward Democrats Gaining NLRB Majority

President Joe Biden’s nomination of Gwynne A. Wilcox for the vacant seat on the National Labor Relations Board (NLRB) will add a second Democrat to the Board provided the New York attorney who represents union interests is confirmed by the Senate. Even if confirmed, though, the Board will continue to have a Republican majority for […]

Poor Firing Practices Can Lead to Poor Outcomes, Including Violence

An HR person was firing a supervisor, who then said, “I have a knife in my pocket and a gun in my shoe. And if you weren’t who you are, I’d be using it right now.” That terrifying encounter comes with a very important lesson: You never know how someone will react when fired. If […]

Vaccine PTO Credit

As the vaccine rollout continues across the United States, employers are figuring out their employees’ needs. Some employers have opted to offer incentives for employees to get vaccinated, noting that having a vaccinated workforce can help reduce risks of COVID spread and absences as a result. Others have taken a hands-off approach and are allowing […]

Hospital’s Right to Remove Doctor Insufficient to Show Employment Relationship

An African-American doctor’s race discrimination claims against a hospital failed because he couldn’t prove an employment relationship with the hospital. He had entered into a contract with a separate entity in which he agreed to provide medical services at the hospital. Under the hospital’s agreement with the other entity, it had the right to request […]

The Great Pronoun Debate and Its Practical Implications

As society and our collective consciousness have come to more fully understand and appreciate the varied gender identities of those around us, an ongoing debate has emerged regarding the use of pronouns. Advocates for gender rights have argued that the traditional binary he/she paradigm leaves many people out and forced others into a box they […]

Redefining Performance as Mental Flexibility and Emotional Balance

If there’s one desire leaders have of others, it’s that they “perform.” But what is performance really? An online dictionary defines “perform” as “to carry out; execute, do.” While there’s nothing to dispute about the getting of results, the skill sets that underlie performance change with the times. Performance in this era of global disruption […]

The Culture of Overwork

Colloquialisms about “sweatshops” and being “worked to the bone” by an employer are, of course, hyperbolic if taken anywhere near literally, at least in the United States, which has a robust set of laws and regulations aimed at preventing the exploitation of workers. Nevertheless, it is certainly true that the cultures of many companies tacitly […]

5th Circuit Rejects Disability Discrimination Claim Based on Alcoholism

An employer wasn’t liable to a former employee who alleged he was terminated because of a disability, his alcoholism, the 5th Circuit recently decided. Although the appeals court didn’t directly address whether alcoholism qualified as a protected disability when it upheld a New Orleans-based district court ruling, the opinion offers guidance on how employers can […]

Strong Suits That Moms Bring to Remote Working

According to the U.S. Census Bureau, there are around 23.5 million employed women with children under the age of 18, and nearly two-thirds of those moms work full time and year-round. Moms have always been synonymous with superheroes, especially when you consider the multitude of things they are able to juggle in 1 day. This […]

Employee Benefit Considerations From ARPA: All Things COBRA

The American Rescue Plan Act of 2021 (ARPA) became law in March. The $1.9 trillion stimulus package contains a mix of benefits, tax credits, programs, and subsidies in response to the continuing COVID-19 pandemic. Among the ARPA’s provisions are several related to COBRA. Let’s take a closer look.