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What’s NOT Harassment … And What Is

Some employees think that every thing managers do that annoys them is harassment, says attorney Gregory J. Hare, but managing performance isn’t harassment. Hare, who is a shareholder in the Atlanta office of law firm Ogletree Deakins, gave his suggestions at the recent SHRM Annual Conference and Exhibition in Las Vegas. Hare says that there […]

Pros and Cons of Using Employment Contracts

Does your organization use formal employment contracts? An employment contract is an agreement, signed by both parties, that outlines the terms of the employee-employer relationship. It usually includes things like:

What is Occupational Fraud?

Occupational fraud is a type of fraud committed by employees against employers. Occupational fraud causes billions of dollars of losses for US employers each year. In short, occupational fraud encompasses any type of fraud that an employee commits that somehow utilizes his or her role or employment as a factor for personal gain in a […]

10 Fun Engagement Games and Activity Ideas for Your Employees

If you want your staff to give you their very best, you need to instill a sense of camaraderie among them. In order to create that coveted team spirit, staff engagement games and other activity ideas could be used to encourage your employees to bond with each other and, thus, work well together.

exempt

Should a Nonexempt Employee Be Salaried?

Most employers know that any employee who qualifies as exempt from overtime under the Fair Labor Standards Act (FLSA) must be paid on a salaried basis. Being paid on a salaried basis means that at least the minimum agreed salary for the week is paid, even if the number of hours worked may fluctuate. And […]

pretext

ADA: When Is a Transfer a Reasonable Accommodation?

Massachusetts Gen. L. Ch. 151B is the state statute that prohibits discrimination based on disability, and the interpretation of that statute sometimes differs from the federal Americans with Disabilities Act (ADA). One area where the two statutes diverge is an employer’s obligation to transfer an employee to a vacant position.

4 Common Employer Mistakes in EEOC Position Statements

Have you ever faced an EEOC investigation? What is the best course of action—hire a lawyer, or navigate the process in good faith on your own? Obviously the answer depends on the specifics of the situation, but you may be surprised to learn that sometimes handling it on your own can have a better outcome […]

arbitration

Texas Supreme Court to Nail Down Arbitration Issue

The Texas Supreme Court will hear arguments in mid-January about a Whataburger Restaurants case that has been bouncing around the state legal system for several years. As you will soon discern, I believe the court’s decision will be good news for employers with alternate dispute resolution procedures in their workplaces. It also will deliver yet […]