All companies should have mechanisms through which employees can voice concerns and feel confident that (a) those concerns will be taken seriously, (b) those concerns will be fairly and promptly investigated, and (c)...more
Unconscious bias (also called “implicit bias”) has become a trending topic—both in the general media and in the HR world. The topic of unconscious bias is often cited when considering ways companies can improve their...more
Regulations drafted by California's Fair Employment and Housing Council addressing issues related to gender identity will become effective July 1, 2017. These first-of-their-kind California regulations will seek to do what...more
This article is the second part in a two-part series addressing managerial best practices for conflict prevention and resolution. Part one offered the first half of a 10-point checklist that also identified potential...more
Conflict at work is inevitable. Despite this reality, there are many steps that employers can take to avoid and resolve workplace strife. According to a 2014 study, office workers spend, on average, 2.5 hours per week trying...more
In part one and part two of this three-part series, we discussed two of the most common traps employers fall into when it comes to avoiding and resolving workplace conflict: failing to anticipate and plan for high-risk...more
In part one of this three-part series, we discussed a trap companies often fall into when it comes to avoiding and resolving conflict: failing to anticipate and plan for high-risk situations. Part two covers situations that...more
I dedicate a fair portion of my professional life to resolving workplace conflict. While I enjoy helping companies once a crisis has occurred, my preference is to help companies avoid crises in the first place....more
Many articles on workplace investigations offer tips on the nuts and bolts of the process and step-by-step guides on conducting a fair and thorough investigation. But the “how to” is the floor, not the ceiling, of what...more
Another day, another political scandal involving a politician accused of having had an extramarital affair. The latest such story concerns an alleged inappropriate relationship that the governor of Alabama had with a top...more
The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the...more
4/22/2016
/ Anti-Retaliation Provisions ,
Assistive Animals ,
Corporate Counsel ,
Employer Liability Issues ,
FEHA ,
Interactive Process ,
New Regulations ,
Protected Activity ,
Reasonable Accommodation ,
Service Animals ,
Undue Hardship
A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more
4/11/2016
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Class Action ,
Deferred Action ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Chance Act ,
Fair Share Law ,
Friedrichs v CA Teachers Association ,
Harassment ,
Hiring & Firing ,
Hostile Environment ,
Independent Contractors ,
Justice Scalia ,
Minimum Wage ,
Non-Compete Agreements ,
Persuader Rules ,
Poor Job Performance ,
Posting Requirements ,
Public Employees ,
SCOTUS ,
Sick Leave ,
Union Dues ,
Wage and Hour
The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the...more
3/29/2016
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Complaint Procedures ,
FEHA ,
New Regulations ,
Policies and Procedures ,
Recordkeeping Requirements ,
Reporting Requirements ,
Sexual Harassment ,
Training Requirements
The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the...more
California’s Office of Administrative Law approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the Fair...more
In part one of this two-part series, we covered five of the most common mistakes that employers make while conducting workplace investigations, including poor complaint mechanisms, ignoring employee complaints, failing to...more
Resolving conflict in the workplace is a key issue for employers. Legal requirements have continued to expand in terms of what courts expect employers to do in order to prevent and correct wrongful behavior. In response,...more
10/14/2015
/ Best Management Practices ,
Conflict Resolution ,
Corporate Counsel ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
Human Resources Professionals ,
Internal Investigations ,
Offensive Language ,
Policies and Procedures ,
Sexual Harassment ,
Young Lawyers
It’s true in other areas of employment law as well, but in the world of disability discrimination law there are numerous phrases that have taken on special meaning and become true terms of art. Even those who are well-versed...more
A federal appellate court recently reinstated a lawsuit brought by a dining services employee who claimed that she was sexually harassed by a male coworker. According to the Sixth Circuit Court of Appeals, a reasonable jury...more
9/14/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Background Checks ,
Civil Rights Act ,
Collective Bargaining ,
Deflategate ,
Electronic Payment Transactions ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Minimum Wage ,
NFL ,
OSHA ,
Paid Time Off (PTO) ,
Recordkeeping Requirements ,
Sexual Harassment ,
Sick Leave ,
Statute of Limitations ,
Title VII ,
Tom Brady ,
Unions ,
Wage and Hour ,
Workplace Investigations
Dealing with issues related to accommodation requests at work can be a daunting task—even for the most seasoned HR or legal professional. The path to a successful interactive process and a meaningful analysis of an...more
Over the years, the topic of workplace investigations has gained increasing importance in the HR and employment law world. Now, with investigations routinely making headlines, they have become a part of our popular culture as...more
8/3/2015
/ Best Management Practices ,
Deflategate ,
Disciplinary Proceedings ,
Football ,
Internal Investigations ,
Popular ,
Standard of Proof ,
Subject Matter Experts (SMEs) ,
Tom Brady ,
Workplace Investigations ,
Young Lawyers
On March 4, 2015, the California Fair Employment and Housing Council approved updates to the California Family Rights Act (CFRA) regulations. These updates, which took effect on July 1, 2015, clarify certain CFRA provisions...more
Part one of this two-part series covered the details of the interactive process in California and discussed a scenario in which the employee fails to respond to the employer’s attempts to communicate on an accommodation to...more
Introduction -
California employers are not only required to refrain from discriminating against any employee on the basis of disability, but they also have an obligation to provide “reasonable accommodations” for...more