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Employment Lessons

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04 Dec 2017 Holiday Road – Avoiding Potholes in Holiday Parties

Employment Lessons | Hans Murphy

  Well, it’s already December (where did the year go?) and we’re all thinking about the most wonderful time of year – cutting out early and going to office parties! Parties are a great way to reward staff, celebrate accomplishments, foster teamwork, and create the foundation for another great year. What could possibly go wrong?   The annual holiday party is rife with traps for the unwary:   What’s in a Name?   For starters, what do you call the event? How about a “Christmas…

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30 Nov 2017 School Boards Beware: ‘Control the Clock and Control the Game’ Policy Loses in Court of Appeals

Employment Lessons | Taylor Hunter

  Comparing the legendary basketball coach Dean Smith’s “control the clock and control the game” strategy, the U.S. Court of Appeals for the Eleventh Circuit in Barrett v. Walker Cty. Sch. Dist., 872 F.3d 1209 (11th Cir. 2017) struck down a Georgia school district’s policy that restricted public comment at school board meetings.   The court’s decision in Barrett, arose from failed efforts of the school’s union president to secure a speaking slot during an upcoming board meeting. Although not mandated by Georgia law, the…

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29 Nov 2017 Part 3: Sex, Power, and the Workplace – The Books of Etiquette

Employment Lessons, Workplace Culture and Conduct | Jeanine Gozdecki

  Skip the holiday turkey or the $25 gift certificate. This year, give a gift to your employees that will have a lasting impact on how they treat each other.   Give everyone a book of etiquette.   I’m serious. Make them read it, too. Reviving the lost rules of proper conduct could go a long way in reducing workplace misconduct of all kinds—including sexual harassment (the list is growing every day), other harassment and discrimination, bullying, rudeness, and personality conflicts. Recently, good behavior and…

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28 Nov 2017 Part 2: Sex, Power, and the Workplace – Preventing the Backlash

Employment Discrimination, Employment Lessons, Workplace Culture and Conduct | Jeanine Gozdecki

  Are workplaces at risk for a backlash? How do we preserve and continue to advance opportunities for women when their male coworkers are worried? Worried about exactly where the line is between friendliness and sexual harassment at work? A recent New York Times article raised this question with men at work, who wondered about their own behavior, and also raise concern for their female coworkers.   In general, although women at work acknowledge the recent conversation about sexual harassment is overdue, they now worry…

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28 Nov 2017 OSHA Extends Electronic Recordkeeping Submission Deadline to Dec. 15

Employment Discrimination, Employment Lessons | Mark Kittaka

  As we have covered in a prior post, the electronic recordkeeping deadline was moved from July 1, 2017, to Dec. 1, 2017, after the Occupational Safety and Health Administration (OSHA) filed a notice of proposed rulemaking. After the two-week debacle in August, where OSHA was forced to take down its own electronic portal for submission of OSHA records due to a potential compromise of user information, the final rule postponed the deadline for two more weeks until Dec. 15, 2017. OSHA states that this…

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27 Nov 2017 Part 1: Sex, Power, and the Workplace – Why Is This So Complicated?

Employment Lessons, Workplace Culture and Conduct | Jeanine Gozdecki

  Today’s national conversation about sexual misconduct is long overdue. As noted by firm partner, Norma Zeitler, in her thoughtful blog post, sexual harassment in the workplace has been tolerated for too long. Yet, the never-ending series of exposés, confessions, and “#metoo” posts tends to land in one giant bucket of wicked. No nuance; no context; no gray. Just black and white.   It’s so much more complicated than that. Of course, we are horrified to hear about the crime that involves the alleged seduction and potential rape…

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24 Nov 2017 Recent Headlines Demonstrate Need for Effective Anti-Harassment Program

Employment Lessons, Workplace Culture and Conduct | Don Lawless

  As a follow up to our previous post on sexual harassment in the workplace, this post explores the elements that make up an effective anti-harassment program.   More than 30 years after the U.S. Supreme Court’s 1986 decision recognizing a hostile environment civil rights claim, it’s hard to believe we have just reached a major tipping point in our society regarding this form of prohibited sex discrimination.   On Nov. 21, Fox News announced a $90 million settlement of derivative shareholder litigation related to…

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22 Nov 2017 Employers Take Note: Sexual Harassment is Not OK … Finally

Employment Lessons, Workplace Culture and Conduct | Norma Zeitler

  Before becoming a lawyer, I was a Captain in the U.S. Army. I was stationed overseas for much of my career, and served a remote tour in a faraway land. During that tour of duty, I learned many things. But the most important lesson I learned — as one of two female officers on the base — was to speak up (and out) against sexual harassment.   I have always been thankful that I was in a position where speaking up (and out) was…

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14 Nov 2017 Ohio House Considers Bill to Protect Businesses from Architectural Barrier Lawsuits

Employment Lessons | Doug Oldham

  The Ohio House is considering a bill that would protect employers and business owners from unexpected lawsuits by disabled plaintiffs. House Bill 271 would create Section 4112.16 to the Ohio Revised Code’s Civil Rights Commission chapter and would require a person with a disability who encounters a potential architectural barrier to put the property owner on notice of the alleged barrier before filing suit. The theory behind the bill is that property owners could remove the architectural barrier without the cost or inconvenience of…

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10 Nov 2017 Final Rule Issued on HIRE Vets Medallion Program

Employment Lessons | BT Currents

  As Veteran’s Day fast approaches, on Nov. 9, the U.S. Department of Labor (DOL) issued the Final Rule implementing the Honor Investments in Recruiting and Hiring (HIRE) American Military Veterans Act (HIRE Vets Act), which President Trump signed on May 5, 2017.   The Rule establishes a HIRE Vets Medallion Program, which will recognize qualifying companies with a HIRE Vets Medallion Award for their commitment to recruit, employ and retain American military service veterans. The Program will be implemented in 2019.   Under the…

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