Best Management Practices

News & Analysis as of

Check the Drama at the Door, Part I: A 10-Point Checklist for Avoiding and Resolving Workplace Conflict

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

Top 10 Employee Benefits New Year’s Resolutions for 2017

If statistics are any guide, by now a significant number of you have already broken your New Year’s resolutions. However, there’s still plenty of time to make new ones that you can break, er, keep. ...more

Are Employers Acting on What They Learn from Mass Shootings

After every public shooting, we discuss how to prevent and better respond to the next active shooter, but each subsequent shooting event suggests we are not acting upon knowledge gained....more

A Post-Election Survival Guide For Employers

In the two months since the culmination of what many call the most bitterly contested presidential election in American history, employers are already reporting the conflict among employees is unlike any other in modern...more

Richard Marx Won’t Be 'Right Here Waiting' To Save You From Workplace Intruders: Lessons To Make Sure Your Workers Are Prepared

Richard Marx Won’t Be Right Here Waiting To Save You From Workplace Intruders: Lessons To Make Sure Your Workers Are Prepared....more

The Quest for a Workable Employee Evaluation: The Saga Continues

In HR you have seen it all: late evaluations, lost evaluations, evaluations with all “5’s” checked and no comments, sexually inappropriate comments, cutesy comments that will get you sued such as, “not the brightest crayon in...more

11 Traits Of Good Employer Documentation

Last week, I talked about why documentation is so important as part of an employer’s legal defense. Today I’d like to talk about what good documentation should contain. Some of these are so obvious as to be almost...more

Avoiding Office Holiday Party Headaches

It’s the holiday season again and while the office holiday party is a wonderful time to show appreciation to your employees and create camaraderie among coworkers, it can also be a time of legal headaches that can last...more

The Gig Workforce Train … Even More “Traditional” Workplaces Are Making Sure That They Don’t Get Left Standing on the Platform

Much has been written about sharing economy companies such as Uber and the like whose very core is fueled by a contingent workforce connected to consumers through a digital platform. But a recent report stresses that even...more

Surviving The Holiday Party Season: An Employer’s Quick Reference Guide

As 2016 winds down, we are entering into the prime season for holiday gatherings. Based on a recent study by the Society for Human Resource Management, approximately 65% of employers plan to host a holiday or end-of-year...more

Defense Strategy: Interactive Process Can Be Used To Defeat ADA Claims

Most employers are well aware that the Americans with Disabilities Act (ADA) requires them to engage in an “interactive process” with employees or applicants who indicate they have a disability and may require some type of...more

Employee Sports Gambling: Workplace Policies and Guidance For In-House Counsel

Sports fans have long looked for ways to be a part of the action. The co-owner of the Oakland Raiders developed a fantasy golf game back in the 1950s. In the 1980s, journalist Daniel Okrent created “Rotisserie” League...more

Politics in the Workplace: A State-by-State Guide to Help Employers Survive the Presidential Election

The 2016 U.S. presidential election has the potential to be one of the most controversial and troublesome elections in U.S. history. There is a broad spectrum of issues employers can anticipate as a result of employees’...more

The Upcoming Presidential Election and the Unique Challenges to Workplaces It Presents

Your employees, similar to the rest of the world, likely are riveted by one of the most hotly contested and controversial elections in U.S. history: the 2016 presidential campaign. Regardless of whether your employees are...more

Massachusetts Environmental and Land Use Alert

Off to Court We Go: Petitioners Challenge EPA’s Small MS4 General Permit for Massachusetts - The storm of debate and criticism over the terms and conditions of the U.S. Environmental Protection Agency’s (EPA) General...more

Student Teaching Assistant Handbooks Unlawful?

Two years ago we reported on the case before the National Labor Relations Board (the “Board”) related to the Northwestern University’s scholarship football players seeking the right to unionize. The Regional Director in that...more

Lessons About Bullying from the Presidential Debate

I have been conducting harassment prevention training for California clients since AB 1825 became effective back in 2005. After presenting what must be hundreds of sessions in the last decade, I am always on the look-out for...more

How to Comply With Canada’s Cornucopia of Sick Leave Laws

Sick leave presents a unique challenge for Canadian employers that wish to manage absenteeism while complying with their legal obligations. The relevant rules vary between provinces and may involve multiple statutes within a...more

Employer Best Practices For Curbing “Locker Room Talk” At the Office

As you are probably aware, “locker room talk” has become a recent issue in the news. Hopefully, we can all agree that the office is not the place for such crude remarks. But how can managers effectively curb such offensive...more

Internal investigations: are employees required to cooperate?

Businesses, particularly in the financial services sector, face an ongoing need to conduct internal inquiries, either following, or in anticipation of, scrutiny from the media, regulators and, with the continued cross-bench...more

Employer Wins $5 Million From Bullying Union

Lessons To Be Learned For Organizing Campaigns - For the first time in American labor law history, a jury found that a union defamed and disparaged an employer while waging a bitter organizing campaign, costing the...more

When Is The Medium (NOT) The Message? NLRB Prohibits Acute Care Hospital From Banning Picketing Unless Distressful To Patients

In Capital Medical Center 364 NLRB No. 69 (August 12, 2016), a majority of the Board recently concluded that a hospital violated Section 8(a)(1) of the NLRA, by threatening to discipline and arrest picketers and by summoning...more

Hurricane Matthew and Crisis Management: An Employer’s Checklist

Evacuation orders are being issued as Hurricane Matthew is about to bear down on the Southeastern United States. Employees and employers working in areas affected by the oncoming storm are balancing their personal and...more

California Legislature Adds Extra Set Of Teeth To Fair Pay Act’s Protections - New Law Extends Provisions To Race And Ethnicity

On September 30, 2016, California Governor Jerry Brown signed the Wage and Equality Act of 2016 (SB 1063) into law, which will prohibit employers from paying employees of one race or ethnicity a lower wage than employees of...more

I-9 Checkup: Nine Best Practices for I-9 Compliance

In today’s complicated maze of compliance requirements, most employers are aware of the need to complete a Form I-9 for every new hire. However, some employers fail to recognize the significance of the I-9 form....more

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