News & Analysis as of

Wage and Hour Performance Reviews

Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

Constangy, Brooks, Smith & Prophete, LLP

Don’t let a bad employee’s protected activity lead you into the twilight zone.

You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more

Fisher Phillips

The Employer’s Playbook for Managing Remote and Hybrid Workforces

Fisher Phillips on

The rise of remote work has forced employers to tackle one challenge after another – and now the biggest challenge is effectively managing remote and hybrid workforces for the long term. When the pandemic hit, many employers...more

Husch Blackwell LLP

When Is a Raise Considered Earned in Minnesota?

Husch Blackwell LLP on

The beginning of a new year, or new fiscal year, can often bring changes to a company’s workforce. Many businesses will perform or complete performance reviews and implement compensation changes based on the prior year. The...more

Constangy, Brooks, Smith & Prophete, LLP

Respondeat superior and other Latin terms you should know

When I was in high school, the foreign language offerings were French and Spanish. That was a long, long time ago, in a galaxy far, far away. Today, the best I can do in Spanish is ask your name, what time it is, and how to...more

McGlinchey Stafford

Workplace Retaliation: Court Slashes $366M Jury Verdict

McGlinchey Stafford on

This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

Constangy, Brooks, Smith & Prophete, LLP

Luck may have been the residue of design in jeweler’s age discrimination win

Branch Rickey, former General Manager of the Brooklyn Dodgers and the man who gave Jackie Robinson his shot in the Big Leagues, once said that luck is the residue of design. (Actually, the phrase may come from the British...more

Constangy, Brooks, Smith & Prophete, LLP

Massachusetts Legislature considering laws to ban “workplace bullying”

Bill Belichick is considered by many to be the greatest coach in the history of the National Football League, including many people in Massachusetts. Over a 24-year career as their head coach, Mr. Belichick led the New...more

Jackson Lewis P.C.

Evaluating Evaluations in the Manufacturing Workplace

Jackson Lewis P.C. on

Like all employers, manufacturers tend to hold strong opinions about the use of performance reviews and evaluations in the workplace. Whether performance reviews make sense for a given manufacturer usually requires an...more

Constangy, Brooks, Smith & Prophete, LLP

Your employee has dementia: what to do?

Expect to see more of this. A judge in Connecticut recently dismissed a lawsuit filed by a 26-year employee who developed early-onset Alzheimer's disease. According to the court's opinion, the employee had performed well...more

Constangy, Brooks, Smith & Prophete, LLP

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more

Sheppard Mullin Richter & Hampton LLP

New California Law Makes It Easier for Employees to Establish Retaliation Claims for Alleged Labor Code Violations

On October 8, 2023, California Governor Gavin Newsom signed into law Senate Bill No. 497, the “Equal Pay and Anti-Retaliation Protection Act.” The new law amends California Labor Code sections 98.6, 1102.5, and 1197.5 to...more

Spilman Thomas & Battle, PLLC

Performance Evaluations: Training Managers Is Key

Employee performance is always rated in one manner or another. Best practice is to rate this performance through known, objective processes. In the context of the employment relationship, performance evaluations are an...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 2, June 2023

Considerations for Employing AI in the Workplace - What is workplace artificial intelligence or AI? In its simplest form, AI in the workplace is the use of technology or software to monitor employees’ work performance,...more

Constangy, Brooks, Smith & Prophete, LLP

I got fired at age 60. Must have been my age.

Then again, it may have been that "FU" text I sent the boss. You can't make this stuff up. For those of you who think I'm too hard on employers, today is your day. There was an excellent pro-employer decision recently...more

Constangy, Brooks, Smith & Prophete, LLP

Employees who self-destruct

Mental illness can cause problems at work, and keep employees from getting help. If my experience is typical (and it may not be), it seems that a significant percentage of employers’ legal and Human Resources problems come...more

Dechert LLP

Sélection de jurisprudence - France / Premier semestre 2022

Dechert LLP on

Cette newsletter présente quatre décisions de jurisprudence rendues au cours des derniers mois : Un compte-rendu d’entretien annuel peut valoir sanction disciplinaire (Cass. soc., 2-2-2022, n° 20-13.833)...more

Dechert LLP

Case Law Selection - France / First Semester 2022

Dechert LLP on

This newsletter summarises five significant judicial decisions over recent months: A report of an annual performance evaluation can constitute a disciplinary sanction (Cass. soc., 2-2-2022, n° 20-13.833)....more

Payne & Fears

[Webinar] Legal & Tax Pitfalls of a Remote Workforce - March 3rd, 9:00 am - 10:00 am PST

Payne & Fears on

Many companies are shifting to remote or hybrid workplaces. Our legal and tax professionals are teaming together to highlight hot-button issues for your remote workforce. TAX PITFALLS •Employment •Income tax •Residency ...more

DirectEmployers Association

EEOC’s First Year Performance Under Biden Nosedived In a Big Surprise and Amid Reduced Transparency

On this first-year anniversary of the Biden Administration, we took a look at what the civil rights agencies had accomplished and had failed to do. We start this week with the U.S. Equal Employment Opportunity Commission...more

American Conference Institute (ACI)

[Event] 30th Annual Employment Practices Liability Insurance Conference - January 25th - 26th, New York, NY

ACI’s Forum on Employment Practices Liability Insurance is returning to New York City on January 25 – 26, 2022! IN-PERSON and LIVESTREAM options available. This annual conference is the one-stop, must-attend meeting place...more

Jackson Lewis P.C.

As 2020 Winds Down, Keep Your Guard Up!

Jackson Lewis P.C. on

The business world is looking to breathe a collective sigh of relief about getting to the end of 2020. But employers have to stay focused—year-end parties, performance evaluations, compensation and bonus structures all look...more

Fisher Phillips

5 Things Employers Should Consider When Maintaining Telework During COVID-19 And Beyond

Fisher Phillips on

The COVID-19 pandemic has had an unprecedented impact on the workforce, shuttering businesses, prompting mass layoffs, and compelling speedy transitions to remote work. If your company has rushed to implement a temporary...more

K&L Gates LLP

Working Wise: Proactive Strategies for Pay Equity Issues

K&L Gates LLP on

In this episode of the Working Wise Podcast Series, K&L Gates Orange County Partner Spencer Hamer discusses recent trends in pay equity law, as well as proactive strategies employers can implement to promote pay equity in the...more

Constangy, Brooks, Smith & Prophete, LLP

Retailer - Fall 2018

NEWS & ANALYSIS - Where no performance review has gone before - By a show of hands, how many of you use annual performance reviews? And how many of you think that there must be a better way to manage your employees? If...more

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