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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The show must go on: helping employees in crisis

June 13, 2016 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

ORLANDO  The 70th annual Tony Awards were held on Sunday night to recognize achievements in Broadway productions over the past year.  The excitement and enthusiasm of the occasion were dampened, however, as many presenters and award recipients gave words of tribute to the victims of Orlando’s mass-shooting that occurred earlier that morning.  I live and work in Orlando, not far from where the massacre occurred, and my heart is heavy as I write this post. In light of such a horrific event, what can I possibly say about employment law and entertainment? What witticisms can I offer in such a time as this? There are none. But as I was watching the Tony Awards, I was reminded of the theater world’s mantra:  Even in times of turmoil and upheaval, the show must go on.

Unfortunately, all of us must deal with a crisis at some point in our lives, whether it occurs in the form of a national tragedy or more personal issues such as medical problems, financial distress, or the loss of a loved one or relationship.  Although you cannot prevent these issues from affecting your employees, you can help them through a crisis in a way that will keep your business on track.

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Chris Rock’s #OscarsSoWhite monologue: Don’t try this at work

February 29, 2016 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

The glitz, glamour, and celebratory nature of last night’s Academy Awards were dimmed by the ongoing controversy about the total lack of racial diversity among Oscar contenders for the last two years. In response, Chris Rock delivered a scathing monologue criticizing the Gold OscarAcademy and its members, the large majority of whom are white and male. As the audience laughed and squirmed in their seats, Rock repeatedly hammered the Hollywood establishment, using humor as a platform to express the collective outrage of the #OscarsSoWhite protest movement.

Of course, exploiting sensitive subjects like race, religion, gender, and age are all in a day’s work for professional comedians like Rock. They enjoy the unfettered privilege of offending the hell out of absolutely everyone so long as it gets a laugh. For the rest of us, however, such divisive humor (even when it is targeted at white males) has no place at work and should be avoided at all costs.

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The Intern: delightful movie—risky employment practice

January 12, 2016 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Well, the Golden Globes were Sunday night and all of Hollywood tuned it to celebrate the best of film and television. One movie that was noticeably absent from the nominations (at least in my opinion) was The Intern, a heartwarming film starring Robert DeNiro and Anne Hathaway, that tells the story of a lovable retiree who interns at an e-commerce fashion company when its CEO agrees to participate in a community outreach program that places senior citizens in internships. Although the movie highlights the benefit of internships (both for the intern and the company), in recent years the U.S. Department of Labor (DOL) has taken a dim view of companies that use unpaid interns to augment their workforce.  Internship

Approximately half a million Americans hold unpaid internships every year, with about 40 percent of those working in the private sector for for-profit companies. Under the Fair Labor Standards Act (FLSA), the DOL (and courts) consider six criteria for determining whether an internship can be unpaid: read more…

Coworkers Blake Shelton and Gwen Stefani are dating! What could possibly go wrong?

November 09, 2015 - by: Marilyn Moran 2 COMMENTS
Marilyn Moran

Last week, the Internet was abuzz with the news that Blake Shelton and Gwen Stefani, who work together as judges on The Voice, have begun dating. Workplace relationships, though fraught with hazard for HR professionals, are incredibly common, with 80 percent of employees reporting that they have been involved in, or have heard of, coworkers dating at their place of business. Of course, employee hookups can be distracting to their coworkers and cause a lot of talk around the proverbial watercooler.  More important to HR, the end of workplace relationships can result in sexual harassment claims if one party to the relationship decides to break things off while the jilted employee continues to express romantic feelings or lashes out in anger toward the ex.  Get Your Flirt On (or Not)

To avoid this drama, some employers enact anti-fraternization policies to prevent employees from dating one another altogether, while others adopt dating policies to ensure that cubicle-crossed lovers leave the PDA at home and remain professional and productive at work. The large majority of employers, however, recognize and accept that their employees may want to date one another, and simply rely on their sexual harassment policies to govern the parameters of employee relationships.

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Taylor Swift’s in legal trouble, trouble, trouble when accusation leads to DJ’s firing

September 21, 2015 - by: Marilyn Moran 3 COMMENTS
Marilyn Moran

Taylor Swift’s complaint that a DJ grabbed her derriere while a photograph was being taken before a concert has led to a federal lawsuit. The DJ claims he got a bum wrap (pun intended) and that it was actually someone else at the radio station who groped the singer. Now the DJ’s got bad blood with Swift, as well as her parents and management team who complained to his employer, and he’s suing them for tortious interference with his former $150,000 per year employment contractDon't Touch My Butt!

Taylor’s legal woes serve as a good reminder to employers that are considering making disparaging comments about a former employee or providing a negative job reference. Before you speak your mind, you should know that most states permit a claim for defamation or tortious interference (depending on the particular factual circumstances of the case) whenever someone makes disparaging remarks that adversely affect another’s employment relationship. Fortunately, however, many states have statutes that immunize employers from suit for giving negative employment references unless the employee can prove by clear and convincing evidence that the remarks were actually false.

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