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Can You Ask Applicants About (Religious) Schedule Conflicts?

In yesterday’s Advisor, we found out that veganism might be a religion. Today, religious schedule conflicts and accommodation, plus the best way to find out if your managers are following accommodation and other critical guidelines—the HR Audit. The EEOC guidelines state that an employer’s use of inquiries that tend to reveal an employee’s or applicant’s […]

South Dakota same-sex marriage ban ruled unconstitutional

by Jane Pfeifle On Monday, a federal judge in Sioux Falls ruled that South Dakota’s constitutional and statutory prohibition on same-sex marriage violated the U.S. Constitution. Six same-sex couples filed a lawsuit against the governor, the attorney general, the secretary of the South Dakota Department of Health, and other public officials seeking to overturn the […]

First Impressions

Litigation Value:  $0 Potential Savings:  $10,000 per retained employee Last night’s rerun didn’t offer much new, so we’ll fulfill our promise to revisit the second “Michael Scott Paper Company” episode. Michael crafted a deal to house his new company’s headquarters in a Dunder Mifflin closet. The dream team’s starry-eyed optimism soon wore off after Michael, […]

Space: the final frontier

by Mark I. Schickman There have been many lawsuits limiting the introduction of religion into the workforce. Employees who insist on a God-given right to bash gays at the workplace are subject to termination ― despite their right to express their religious beliefs. An employee whose religion opposes taking orders from women will lose his […]

Don’t Manage Talent Too Tightly

In her 2013 book, Talent Wants to Be Free, Orly Lobel presents what may sound like a counterintuitive approach to talent management or, as her subtitle indicates, Why We Should Learn to Love Leaks, Raids, and Free Riding. Lobel, Herzog Professor of Law and founding member of the Center for Intellectual Property Law and Markets […]

Drug Testing: High Court Rules on Testing in the Workplace; Law Still Unclear

Drug testing has long been a murky area for employers. Now the California Supreme Court has just issued its first decision that sheds some light on the issues and makes a sharp distinction between drug testing applicants and testing existing employees. However, although the case has important implications, it isn’t the sweeping clarification employers had […]

Are Your Employees Allowed to Surf the Web?

A new survey suggests that some organizations are not too concerned about cracking down on employees surfing the Web, at least not enough to create a policy. A surprising amount of employers (53 percent) allow access to social networking, shopping, and entertainment sites, according to a recent OfficeTeam survey. Out of the three categories, “social […]

Dude, Here Comes the Torch!

My love of “The Office” causes me to lament these weeks where we don’t get a new episode (or even repeat) to enjoy.  But while I certainly miss my weekly dose of Michael and gang, I need not look further than our very own United States Supreme Court to provide us with more scintillating material […]

Bonus Compensation: A Matter of Discretion

By Angelo D. Catalano, Coughlin & Gerhart, LLP Incentive or bonus-based compensation can create many thorny issues. While some year-end bonuses resemble gifts from the boss, especially if they’re paid around holiday time, other bonuses are intended to be incentives tied to performance by a group or an individual.