Responding to Trauma in the Workplace with Katharine Manning, President of Blackbird DC: On Record PR
#WorkforceWednesday: Focus on Caregiver Discrimination, Harassment and Discrimination Protections in NY, Wage and Hour Budget - Employment Law This Week®
FP Weekly often provides readers with a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more
Better to have the courage of your convictions. I'm sure you've heard of "quiet quitting," when an unhappy employee does the bare minimum to get by and keep drawing a paycheck, but doesn't care much about the job beyond...more
disruptive (adj.) dis•rup•tive dis-‘rəp-tiv (1) Disrupting or tending to disrupt some process, activity, condition, etc. (2) Causing or tending to cause disruption One of the most confusing, difficult questions...more
Performance management is one of the most important–and difficult–issues that employers face in supervising their workforce. Dealing with performance problems becomes even harder when an underperforming employee requests or...more
By now you’ve likely addressed quiet quitting in your workplace — the phenomenon where workers push back on hustle culture — but what happens if employees take it one step further and start to actively resent their employer?...more
In today’s world, management and human resource personnel must be on their A-game in all things relating to employees. With the new phenomenon upon us and continuing to “go viral,” management should have the latest tools to...more
A car salesman who was terminated following customer complaints of a bad attitude cannot get to a jury on his religious discrimination claim according to the Tenth Circuit Court of Appeals. The Tenth Circuit, which covers...more
Here’s one of the most common scenarios our employment lawyers face: An employee with marginal to poor performance goes out of work on FMLA leave (often prompted by stress or anxiety relating to review of their performance)....more
Employers in Germany should not underestimate the meaning of reference letters – the German Arbeitszeugnis. German employment law and employment practice provide employers with clear guidelines as to when and how they must...more
In Leaders Eat Last, Simon Sinek says “The ability of a group of people to do remarkable things hinges on how well those people pull together as a team.” And anyone who has managed employees can appreciate that varying...more
In the immediate short term, as they deal with the difficulties imposed by COVID-19, employers are making employment decisions on a daily and weekly basis, not only adding to their stress levels, but also increasing their...more
The COVID-19 coronavirus pandemic that closed hundreds of thousands of business around the country is unprecedented. Fortunately, many retailers were able to maintain a fairly high level of continuity as essential businesses...more
According to Part 541 of regulations issued by the U.S. Department of Labor under the Fair Labor Standards Act, exempt employees must be paid a guaranteed salary. Under §541.602, employers may only deduct from this salary for...more
In recent years, a number of federal appellant courts, including the Fourth Circuit, have issued opinions finding that a single use of a racial slur can be enough to constitute a hostile and offensive working environment...more
When dealing with a difficult adversary, sage advice suggests that one should consider “killing them with kindness.” That advice does not work out well, however, when healthcare managers are too kind when addressing (or...more
Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more
The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more
As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more
We routinely receive calls from employers who want to terminate an employee (or have been sued for doing so) but do not have a good paper trail to support their decision. Usually, we hear that the supervisor has talked to the...more
Employer of the month. Staff at a hair salon in Wuxi in Jiangsu province, China, were expected to sell a quota of hair products each day....more
Employers often are reluctant to take adverse actions against poorly performing employees with a history of medical conditions due to the cost and risk involved in litigation (even though no federal, state or local law is...more
What constitutes a racially hostile work environment? Is one really bad comment specifically aimed at the plaintiff sufficient or do you need a sustained series of racial comments? What if you have both but no evidence that...more
A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more
It is always unpleasant for a healthcare entity or medical practice to have to sever ties with an employed physician, but it is sometimes necessary. Perhaps the physician has committed serious policy violations or lost an...more
Bryan Cave's Scandinavian Desk advises numerous Scandinavian clients in Germany. This article highlights the similarities and differences between German and Swedish law regarding the termination of employment due to poor...more