Author: Dan Oswald

The Power of Words

Most people would agree that strong communication skills — written or verbal — are an asset for any manager. The ability to communicate effectively can be a profound advantage in business. Words can be used to motivate, negotiate, intimidate, and validate. Words are powerful weapons and, when wielded by someone who is adept in their […]

Tighten Your Saddles

Litigation Value: Cathy showing Jim the “Talla-Nasty” = yet more fodder for Jim’s sexual harassment lawsuit; five dots = a murky texting area and potential lawsuit for Darryl; and watching Dwight work himself into a human bedbug trap = priceless. This After Hours episode has the gang engaging in conduct that should make any human resources […]

Lessons Learned from Fight over Off-the-Clock Work

The story of a Chicago woman fired from her job after she was caught working on her lunch break made national news earlier this year. It struck a chord with the general public because people were questioning why an employer would fire an employee for seemingly going the extra mile. If an employee is punished […]

No More Compensatory and Punitive Damages for WFEA Violations

By Saul C. Glazer The Wisconsin Assembly passed a bill on February 21 eliminating compensatory and punitive damages awards for violations of Wisconsin’s Fair Employment Act (WFEA). This bill was passed by the Wisconsin Senate in November 2011 and is expected to be signed into law by Governor Scott Walker shortly. This law reverses a […]

12 Tips to Lower Legal Bills, Assist Lawyer in Employment Disputes

Unemployment is high, and employment litigation is increasing. We’re seeing more wrongful discharge, discrimination, and wage cases than ever. What will you do if your business is served with a lawsuit or discrimination charge by a current or former employee? We have some suggestions that can help keep your legal bills reasonable and assist your […]

Departments Issue Final Summary of Benefits and Coverage Regulations

Employers have a new health care reform deadline to add to their calendars. Last week, the Department of Health and Human Services (HHS), the Department of Labor (DOL), and the Department of the Treasury issued final regulations under the Patient Protection and Affordable Care Act that are intended to help: individuals easily understand their health […]

Duty to Accommodate Disabilities Takes New Turn in Canada

By Donna Gallant Employers are regularly called upon to modify the workplace or job duties in order to accommodate disabilities. But personal assistive bodily devices haven’t traditionally been part of the accommodation discussion in Canada. This may now be changing, according to a recent arbitration decision. Teacher requires hearing aids A teacher struggled with a […]

Beauty and the Best

By Mark I. Schickman We have eliminated many forms of workplace discrimination and made great strides toward erasing others. Nonetheless, one form of discrimination ― “Beauty Bias,” as coined by Stanford Law Professor Deborah Rhode ― remains alive, well, and possibly inherent in the human condition. When babies are shown pictures of adults, they usually […]

A New Genre of Discrimination? Smokers Need Not Apply

By Susan Hartmus Hiser Q: Our company is considering implementing a policy that would make individuals who smoke ineligible for employment. In doing so, we would save a substantial amount of money on our insurance premiums. Can we do this? If so, how do we monitor employees who claim they have quit smoking? A: Many […]

Firing Someone for Not Acting Enough Like a Man Is Discrimination

By Donna Eich Brooks The headline of this article was worded very specifically. You may have seen write-ups on a recent opinion from the U.S. Court of Appeals for the Eleventh Circuit (the federal appeals court for Alabama, Florida, and Georgia) that announced some seismic shift in the law like “Transgendered persons protected from discrimination” […]