The Importance of “Thanks-Giving” in the Workplace

Approaching the Thanksgiving holiday, many people take time to give thanks for what they have.  This is a good time to remind employers of the positive impact “giving thanks” has on their employees, work environments and their organizations’ cultures.

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Posted in Labor & Employment

The ADA and Pennsylvania Medical Marijuana: Top 5 Pitfalls for Healthcare Employers

Navigating the landscape of reasonable accommodation under the Americans with Disabilities Act (“ADA”) can be particularly challenging to clients in the healthcare industry.  Need to wear a wrist brace?  In most jobs, that would be no problem; in an area where a company must control for infectious diseases, it’s a no-go. Read more ›

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Posted in Labor & Employment

EEOC Data for FY 2018 Shows Uptick in Sexual Harassment Claims as Number of Other Claims Falls

On October 4, 2018, the EEOC announced preliminary sexual harassment data for FY 2018, which ended September 30. The acting chair of the agency, Victoria Lipnic, said the EEOC had received many requests for the data in the lead-up to the one-year anniversary of the reporting on Harvey Weinstein and the birth of the #MeToo movement. Read more ›

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Posted in Labor & Employment, Sexual Harassment

Halloween in the Workplace – What Could Go Wrong?

October 31st is right around the corner, and in workplaces all across the U.S. employers are contemplating having some kind of Halloween party or inviting employees to dress up. On its face, it seems like a great idea. Halloween can be a fun way to break the monotony of everyday office life (and is a convenient excuse to eat embarrassing amounts of candy) but with it comes a unique set of pitfalls. Here, we touch on a number of those pitfalls and ways to avoid them.

First and foremost, as is applicable to all other office functions, alcohol and Halloween may seem like a fun idea, but is generally not advisable. If you choose to serve alcohol at your Halloween event, drinks should be limited and monitored by a third party. Licensed mobile bartending services are a convenient way to check both of these boxes. Also, always encourage safe transport home. If alcohol is served, consider whether to give out an Uber or Lyft code to provide employees with an easy (and free) way to get home afterward. Read more ›

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Posted in Labor & Employment

Defend Trade Secrets Act Whistleblower Immunity Notice – Small Price to Pay for Major Benefits

You probably already know that the federal Defend Trade Secrets Act (DTSA) makes available to employers a number of significant remedies, but what you may not know is that several of those remedies are contingent on employers notifying employees of key whistleblower protections provided for in the Act. Read more ›

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Posted in Benefits, Labor & Employment

New Illinois Law Puts Money Back in Your Employees’ Wallets

As of January 1, 2019, Illinois will have one of the most expansive employee expense reimbursement laws in the country. Governor Bruce Rauner recently signed off on an amendment to the Illinois Wage Payment and Collection Act, requiring employers to reimburse “all necessary expenditures or losses incurred by the employee within the employee’s scope of employment and directly related to services performed for the employer.” 820 ILCS 115/9.5(a). Exceptions to this requirement include expenses or losses related to the employee’s own negligence, losses attributable to normal wear, and loses due to theft—unless the theft occurred as a result of the employer’s negligence.  Read more ›

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Posted in Labor & Employment

How to Handle Waivers in Discrimination Cases

It is every L&E attorney’s dream:  You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show. Plaintiff is sweating now. Plaintiff’s attorney is sweating more. You decide to go for it: “Plaintiff, do you believe that your supervisor—the one who terminated you—was racist/sexist/xenophobic?” Plaintiff responds: “No.”

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Posted in Discrimination, Labor & Employment

Do You Know What Your Employees Are Talking About In Public? How To Avoid The Inadvertent Disclosure of Your Company’s Confidential Information

Imagine this scenario:  Your top sales representative is traveling for work.  He has a briefcase with your company’s logo on it.  He decides to stop at a restaurant at the airport before catching his flight.  While at the restaurant, he makes several calls to update various people about how his sales meetings went and he identifies each client with whom he met.  He shares a plethora of information in each call, including detailed pricing discussions, push-backs by the clients, and product concerns.  He also announces that he chose to not disclose a critical piece of news regarding possible trade issues with another country.  Of course, all of these discussions occur within an ear-shot of numerous people, including, unbeknownst to your sales representative, a competitor. Read more ›

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Posted in Labor & Employment

Three Workplace Shootings in 24 Hours: Now Is the Time to Take Action

Workplace violence is one of the most troubling issues keeping HR professionals and in-house counsel up at night – and with good reason.  Just last week alone, there were three workplace shootings in a span of 24 hours. In 2018, workplace shootings have occurred coast to coast, in rural, suburban and urban settings.  And, according to OSHA, approximately two million employees report being victims of workplace violence each year. Read more ›

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Posted in Labor & Employment

Good Intentions May Not Be Enough: The Hidden Dangers of “Maternity Leave” Policies

Many employers go above and beyond any legal requirements in providing paid or unpaid leave benefits to employees to bond with their child.  So what could be bad about that?  Well, check your employee handbook. Do you have a maternity leave policy?  Do you have a paid leave policy that provides greater benefits to moms than dads, or to primary caregivers over secondary caregivers?  If so, beware. Read more ›

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Posted in Labor & Employment
About HR Headaches
HR Headaches is a blog for Human Resources professionals, business owners, and in-house counsel to get the latest news, analysis and tips in the area of labor and employment law. Every day there are new court decisions, agency interpretations, and regulations which affect the workplace, making it difficult, if not impossible, for many employers to keep current. HR Headaches is dedicated to providing information in a practical, no-nonsense manner to help employers avoid legal disputes and keep policies up to date.
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