Considerations in Drafting a Policy on Workplace Violence
Q Our company is considering implementing a policy on workplace violence. Should we even have such a policy and, if so, what types of things should it include?
Tag: Employment law
Surviving R. Kelly Raises Potential Issues of Employees Aiding and Abetting Abuse
Over the holiday break, my wife and I watched the documentary series Surviving R. Kelly. In six hour-long episodes, alleged victims of R&B singer Robert Kelly (known by his stage name “R. Kelly”) provided first-hand, detailed accounts of sexual, physical, and emotional abuse by Kelly. In addition to adult women, Kelly preyed upon teenage girls, […]
Everything I Need to Know About HR I Learned from NCIS
NCIS is a popular TV show that has run for 16 seasons. One of the show’s running conceits is the set of rules promulgated by lead investigator Leroy Jethro Gibbs (played by Mark Harmon). The rules are referenced scattershot throughout the episodes. Sometimes they’re self-fulfilling prophecies and at other times contradictory for the plot as […]
Job Applicants, Employees with Criminal Charges, Convictions: What Can Employers Do?
Employers often use job applications to seek information about candidates’ conviction records. Criminal background checks are often performed before hiring an employee. The reasons for seeking the information seem obvious, but unfortunately, how the information can be used is not. In fact, sometimes it seems employers are stuck in a “holding cell” when it comes […]
E-Verify: What Employers Should Know Before Enrolling
U.S. Immigration and Customs Enforcement (ICE) has increased employers’ Form I-9 audits by 60% in the current fiscal year. Consequently, many employers are considering enrolling in E-Verify, which could assist them in verifying their new employees’ employability and decrease the risk of an audit. You should involve legal counsel in the decision-making process, however, because […]
NLRB Has Fallen, and It Can’t Get Up
In hindsight, we can appreciate the success of the National Labor Relations Board (NLRB) and Richard Griffin, its controversial General Counsel (GC) during the Obama administration. Through a series of targeted decisions and GC memoranda, the NLRB sought to aid union organizing and expand the requirements and limitations of the National Labor Relations Act (NLRA), […]
Lessons on Grieving, Courtesy of NFC Championship Game
It’s time I made a confession: I’m a New Orleans Saints fan—a lifelong member of the Who Dat Nation—living in Atlanta. My status is particularly stressful during our biannual games against the Dirty Birds (Atlanta Falcons), but I expected my status would cause me even more grief when we lost the NFC championship game to […]
NLRB Sides with Gig Economy Firms as Worker Classification Landscape Evolves
A new decision from the National Labor Relations Board (NLRB) is seen as friendly to organizations using a business model that relies on independent contractors and provides considerable clarity on the NLRB’s thinking on this complex issue.
What to Do When DOL Comes Knocking at Your Door
The U.S. Department of Labor (DOL) performs wage and hour audits of employers by selecting them at random, or because they are in targeted industries (usually low-wage), or as a result of a complaint from an employee or former employee. The investigations have increased significantly over the past few years and can result in orders […]
Real Life Is Stranger Than Fiction
Employment attorneys always tell their colleagues that the best practice area is undoubtedly employment law. HR professionals probably feel much the same way. Every personnel situation is different, it’s never boring, and just when you think you’ve seen it all, you hear about another wild day in the workplace. 2018 was no different, and the […]