Methinks thou doth protest too much! FYI, only ‘reasonable’ opposition is protected

October 24, 2017 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

It seems that every day the news is full of stories about employees (whether they are NFL players or Hollywood starlets) protesting unfair treatment. Usually, when an employee complains about discrimination, harassment, equal pay, or other work-related topics, he or she is protected from discipline or termination because the conduct is considered “protected activity” under Title VII of the Civil Rights Act of 1964 and a myriad of other federal and state employment laws.  Hand holding protest sign

Under limited circumstances, however, an employee’s protests may cross the line from protected opposition to unprotected disruption. Specifically, an employee who engages in loud, unreasonable, and disruptive protests at work, even though the action is borne out of an attempt to protest alleged unfair treatment or discrimination, isn’t protected by Title VII. Rather, only reasonable opposition and reasonable protests are considered protected activity. read more…

In honor of Labor Day, some time sheet tips to beat FLSA off-the-clock claims

September 05, 2017 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Ah, Labor Day. Family barbecues, a trip to the beach, your last chance to wear white, time spent napping and binging on Netflix, or just a simple day of relaxation. However you spent the long weekend, I hope you enjoyed some rest from your labors. As an employment lawyer and a mother, the word “labor” has two rather negative connotations for meas in “labor pains” and, even worse, the “Fair Labor Standards Act.” I will spare you the details of the former and focus instead on the latter in today’s post.  Overtime (2) read more…

Stuntman’s death on ‘The Walking Dead’ set a sad reminder of common workplace hazards

July 18, 2017 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Tragically, stuntman John Bernecker died last week in Atlanta after falling 30 feet to a concrete floor while working on a fight scene for AMC’s zombie-apocalypse series “The Walking Dead.” In response, the show temporarily halted production of its eighth season, and the Occupational Safety and Health Administration (OSHA) opened an investigation.  Safety Always

According to OSHA, more than 4,500 workers are killed on the job every year, and approximately 3 million are injured.  While all accidents cannot be avoided, under the Occupational Safety and Health Act, every employer is responsible for the safety and health of its employees while on the job.

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Howard Stern’s day off : the danger of digging for details when employees call in sick

May 23, 2017 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Shock Jock Howard Stern took an unexpected day off from his radio show last week which prompted a firestorm of speculation on social media as to the underlying reason for his absence.  Although Stern’s absence was initially attributed to a “personal day,” many fans speculated that Stern’s sick father was the real reason he missed work.  Sickness absence

To quell the speculation, workaholic Stern revealed to listeners that he took a rare day off because he was, in fact, sick and his voice was not strong enough to do his radio show.  Even after Stern’s announcement, however, some fans continued to sense a conspiracy and wanted more details, with one fan questioning, “If [Stern] taking a sick day is no big deal, why keep it a secret?”

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“Boss Baby”—an adorable film about leading others to succeed

April 04, 2017 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

My kids are begging me to take them to see the new movie “Boss Baby,” an animated film about a baby (who is actually a savvy business leader) who leads other babies in an uprising against puppies, who are encroaching on the babies’ long-held monopoly on love and attention.  The movie exemplifies, in a fun and light-hearted way, the type of boss-employee relationship that inspires loyalty and productivity.  business team celebrate their success

In our own lives, here are three qualities of a great boss we should all embody to motivate our employees to succeed.

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Twins for Clooneys! How to manage pregnant employees who aren’t gazillionaire celebs

February 13, 2017 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

A-list celebrity George Clooney, long considered Hollywood’s most eligible bachelor, surprised the world when he married international human rights lawyer Amal Alamuddin back in 2014 after decades of assuring journalists, adoring fans, and a slew of ex-girlfriends that he would never, ever tie the knot a second time. Apparently, George also had a change of heart about becoming a father (which he also swore he would never, ever do) because he and his wife announced last week that they are expecting twins.   Tired Parents Cuddling Twin Baby Daughters In Nursery

Among the rarified ranks of the world’s rich and famous, news of impending parenthood may prompt a full-time nanny search or, in the case of actresses who are expecting, some creative camera angles to conceal a growing baby bump. In the real world, however, the happy news that an employee is pregnant (or about to become a parent) can breed numerous HR challenges. To help you labor through this issue, here are a few tips for managing an employee’s burgeoning brood.

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Top 5 HR resolutions for not getting sued in 2017

December 19, 2016 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

As 2016 draws to a close, each of us will likely take time to reflect on what we hope to achieve in the coming year. In my case, this reflection usually involves resolving to be happier and more productive and reduce my carb intake. I would be remiss as an HR lawyer, however, if I did not bid 2016 adieu by leaving you with a few nuggets of wisdom to help you navigate your way through the new year. So, ladies and gentlemen, I give you my Top 5 HR resolutions for not getting sued in 2017.  2017 To do list year on white poster with pencil

Resolution #5: Train your employees and managers

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Terminating the walking dead employee: What would Negan do?

October 24, 2016 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Like many of you, I am still reeling from last night’s brutal season opener of The WalkiBussiness batng Dead. Looking at the episode through the lens of an employment lawyer, a few thoughts came to mind: first, Negan’s managerial style is a tad harsh; second, he could really use some training on positive motivation techniques; and third, I think I can spin a blog post about how to discipline employees from this awful, gory episode! So here are four tips to help you navigate the risky waters of employee discipline, no Lucille required.

Communicate expectations

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NASCAR’s racing to defend race discrimination lawsuit—is your company ready?

September 26, 2016 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Earlier this week, news broke that NASCAR is being sued for alleged racial discrimination. NASCAR insists the case has no merit, but only time will tell the outcome. When the rubber meets the road, will your business be ready to defend against a race discrimination lawsuit? Fortunately, there are steps every business can take to protect itself.  Fans Fly NASCAR Flags While Camping Outside Race Track

Policies and Training

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Ariana Grande’s online antics result in job loss at the White House

July 25, 2016 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Newly leaked e-mails reveal that pop sensation Ariana Grande lost a gig performing at the White House based on a video circulated online last year. The surveillance footage taken at a California doughnut shop showed Grande licking a tray of doughnuts and saying, “I hate America.” The footage was later picked up by TMZ and circulated across social media, creating a firestorm of controversy and criticism against the former Nickelodeon star. A White House staffer tasked with vetting Grande for the job responded to her request to perform with a resounding “Nope” upon learning of her extracurricular activities.  Donut with sprinkles isolated

In refusing to allow Grande to perform, the White House joined the ranks of organizations that vet potential hires by checking applicants’ social media content. According to a 2014 survey from CareerBuilder, forty-three percent of employers use social networking sites to research job candidates. Of those, 51 percent reported that they refused to hire a candidate based on content found on social media. Forty-five percent of employers also use search engines such as Google to research potential job candidates.

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