Tag: Employment law

Robertson a sitting duck after controversial quotes released

Duck Dynasty patriarch Phil Robertson and his family are most likely not enjoying a Happy Happy Happy Holiday after his recent GQ interview hit newsstands. In the interview, Robertson is quoted as saying: “It seems like, to me, a vagina—as a man—would be more desirable than a man’s anus. That’s just me. I’m just thinking: […]

States challenge EEOC guidance on criminal background checks

by Joshua Wood The Equal Employment Opportunity Commission (EEOC), the agency responsible for enforcing federal employment discrimination laws, periodically issues enforcement guidance to aid employers in complying with the laws it enforces. The guidance is usually published on the agency’s website at www.eeoc.gov and can be an indication of how the EEOC will interpret or […]

“I meant, are you in here for drugs?”

Drugs are no laughing matter, except of course when it comes to the referenced exchange between Charlie Sheen’s character and Jeannie Bueller in Ferris Bueller’s Day Off. Yet, when it comes to our celebrity news cycle, drug use is as prevalent as steroid use has become in baseball. The latest scandal involves Nigella Lawson, most […]

Filling the engagement gap: How employers can fight employee flight

A couple of recent surveys paint a disturbing picture: One survey from talent management firm Right Management found that 83 percent of 900 North American employees surveyed plan to seek new positions in 2014. Another Right Management survey reports that 56 percent of the more than 1,800 human resources managers polled concede that their employee […]

Unwelcome encore: managing investigations to survive ensuing litigation

by Jeff Sloan The classic Yogi-ism―”It ain’t over ’til it’s over”―has special significance for employment investigations. An investigation can lead not only to discipline against a perpetrator but also to litigation by the victim―or even the perpetrator―against the investigator or the employer. In either of those unsavory situations, the investigator or HR manager may be […]

Mandatory flu vaccination/masking policy upheld

By Charles G. Harrison A recent labor arbitration in British Columbia upheld the employers’ policy requiring annual flu vaccinations or masking for their healthcare staff. Coming as it does during flu season, this is a timely decision.

Reviewing the review: Avoid legally risky mistakes in performance evaluations

The end of the year is a time that’s both hectic and reflective, and it’s that reflective thinking that’s put to use in evaluating employee performance. Whether evaluations are done at the end of the year, the beginning of a new year, or at various times, it’s important to keep the basics of legally sound […]

Save the white males!

For decades the most heated gender-related dispute in the world of Archie Comics was whether Archie was more into Betty or Veronica. But a recent lawsuit by five white male executives of Archie Comics against the company’s female co-CEO is enough to whiten Reggie Mantle’s hair. The five men (and one woman) allege that Nancy […]

NLRA covers nonunion employers, too

by Gary S. Fealk The National Labor Relations Act (NLRA) has the primary purpose of regulating union-management relations. However, nonunion employers must be aware that the NLRA’s provisions apply to all employees.  Know what’s covered Protected activity in general. Any group of nonunion employees may engage in activity protected by the NLRA. Whenever employees engage […]