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…

10-step plan for fair and balanced approach to preventing workplace harassment

May 17, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

In less than a year, Fox News has lost its founder and one of its most well-known anchors due to widespread sexual harassment allegations. Fox News recently reported that 20th Century Fox paid $10 million in sexual harassment settlements in the first quarter of 2017 alone. How can Fox News be proactive in avoiding harassment claims in the future? Prevention is the best tool to avoiding claims. Here are some essential steps to prevent and correct unlawful harassment.  Stop Sexual Harassment red stop sign held by a female

1. Disseminate a workplace harassment policy that complies with state and federal anti-discrimination laws. The policy should encompass all forms of unlawful harassment based upon all protected classes, not just sexual harassment; although sexual harassment should be separately discussed within the policy.

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Unwritten rules cause uncertainty in sports and at work

April 24, 2017 - by: David Kim 0 COMMENTS
David Kim

Anyone who follows sports, even on a casual basis, has heard about “unwritten rules.” But the problem with unwritten rules is that sometimes they can be subject to different interpretations and standards. This is because, well, the obvious reason that they aren’t written down for everyone to see.  Slide

Take the baseball series this past weekend between the Boston Red Sox and Baltimore Orioles. The Orioles’ Manny Machado took out Dustin Pedroia of the Red Sox on a somewhat aggressive slide at second base, which resulted in Pedroia being injured and missing the last few games and perhaps more. This happened last Friday. In the eighth inning of Sunday’s game, Red Sox reliever Matt Barnes threw at Machado’s head, in what clearly was retribution for the slide. Machado was none too happy, for obvious reasons. Video caught a fascinating exchange between Machado and Pedroia immediately after the attempted beaning, which Pedroia further expanded upon in a post-game interview. In short, Pedroia disagreed with his own teammate, stating that any retribution should have been done right away (i.e., during Saturday’s game) and not in the latter innings of a game two days later. Specifically, Pedroia stated it was a “mishandled situation.”

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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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ADA and Batman—by Robin

March 27, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the directing role the focus and passion it requires.  Alcohol in the workplace

Alcoholism and drug addiction present complicated issues under the Americans with Disabilities Act (ADA). The ADA protects “qualified individuals with disabilities” – individuals who can perform the essential functions of their position (or the position they are seeking) with or without reasonable accommodation. “Disability” is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities, or has a record of such impairment.

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Developing a PIP that will make employees comeback heroes—Tom Brady style

February 07, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

I’m sure you all watched or heard about the Super Bowl on Sunday night: Despite the fact that his team was trailing by 25 points, Patriots quarterback Tom Brady led New England on the greatest comeback in Super Bowl history. Brady’s season began with a four-game suspension for his involvement in the “deflategate” scandal and ended as Super Bowl MVP. It’s a comeback within a comeback. Despite not knowing much about sports, as a New Englander, I would be remiss if I let this opportunity pass without drawing some sort of analogy to HR. Because my law firm is based in Atlanta, I admit, I’m cowering just a little.  Patriots' parade in Boston for winning Super Bowl XLIX

As HR professionals, we are often called upon to assist managers in addressing concerns with employees who appear to be falling behind company expectations. How can we encourage employee “comebacks” and assist supervisors by providing effective tools to help employees to do so?

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Sherlock: the final problem for employers

January 27, 2017 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

The series four finale of Sherlock cleverly illustrates the dangers of allowing the inmates to run the asylum. The show regularly covers behaviors that would alarm any employer, such as Sherlock abusing drugs, firing guns indoors whenever frustrated, and generally being delightfully bizarre. These oddities are some of the many reasons that Sherlock is a consultant for, rather than an employee of, the local authorities.  Personality Assessment Form

They also explain why Sherlock has no regular employees to speak of, unless you count his secret network of informants. This series introduces Sherlock’s sister, who is comprised of equal parts evil and intellect. When she takes over the high-security facility where she has been housed for decades for being “too clever,” all bets are off.

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Peter Dinklage takes on Elf

December 05, 2016 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

It’s December, which means that those of us holiday fanatics can decorate and watch Christmas movies to our hearts’ content without shame.  Of course, I won’t tell anyone if you already had your tree up in November (like me) or if you never took it down from last year.  One of my favorite Christmas movies is Elf, starring Will Ferrell.  It is surprisingly packed with various employment law issues, such as employee substance abuse at work, sexual harassment, and workplace violence.  In one of the more memorable scenes, Peter Dinklage’s character, Miles Finch, demonstrates how good intentions can still lead to a harassment complaint.  Facepalm, retro disappointed man slapping forehead, d'oh!

As background, Will Ferrell’s character, Buddy, has been raised as one of Santa’s elves and only recently learned that he is actually human. He has tracked down his biological father, who works for a children’s book publisher in New York City. Unaccustomed to the human world and innocent to its realities, Buddy has difficulty adjusting to life in the Big Apple and working in his father’s office.

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Employers haunted by Halloween

October 31, 2016 - by: Katie O'Shea 0 COMMENTS
Katie O'Shea

Happy Halloween! We hope you are getting only treats today and no tricks. But in keeping with the holiday spirit, today’s post highlights some unintended tricks employers may face from Halloween.    Pug dog with Halloween costume sleep on sofa

Many employers will have already hosted a Halloween office party or allowed employees to dress up today to celebrate, but the Halloween festivities, whether work-sponsored or not, can continue to haunt employers long after today. Below are several examples of problems employers encountered because of Halloween activities: read more…

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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