Category Archives: Compliance

Adopt a Social Media Policy

Posted on January 4, 2019 in Compliance, Consulting

In November, Hilton Grand Vacations fired an employee who posted a picture on a Facebook group page that depicted lynching Florida State head coach Willie Taggart following FSU’s 41-14 loss to Florida. The administrator of the Facebook page determined the … Continue reading

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EEOC Disappointment: Long Awaited (and unhelpful) EEOC Guidance

Posted on June 16, 2016 in Compliance

EEOC Disappointment: Long Awaited (and unhelpful) EEOC Guidance On May 9, 2016, the EEOC issued long awaited guidance regarding leaves of absences as a form of reasonable accommodation under the Americans with Disabilities Act Amendments Act (the “ADAAA” or “ADA”, … Continue reading

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Tackling Intermittent Leave

Posted on October 30, 2015 in Compliance

Today’s newsletter is a recap for those who could not attend my October 21 lunch and learn presentation on intermittent leave.    The FMLA allows employees to take intermittent leave; that is, to take time off in separate blocks of time … Continue reading

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Young v. UPS: Murky Guidance from the Supreme Court

Posted on May 5, 2015 in Compliance, Consulting

On March 25, 2015, the U.S. Supreme Court issued its decision in Young v. UPS, what could have been a landmark decision on the rules for accommodating pregnant workers under the Pregnancy Discrimination Act (“PDA”).   But the Court punted on … Continue reading

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Layoffs: How to Handle Bad News

Posted on March 13, 2015 in Compliance, Consulting

Layoffs are dominating the business news since West Texas Crude dropped in half.    The world’s three biggest oilfield service firms — Schlumberger, Halliburton and Baker Hughes — have announced a combined 22,000 layoffs in recent months according to a recent … Continue reading

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Learning from another Employer’s Mistakes

Posted on March 27, 2014 in Compliance, Consulting

On May 13, 2014, I will be presenting a lunch and learn – co-hosted with my friends at USI Insurance Services.  (See right column for invitation and RSVP.)  My topic for the presentation is: Handling Employee Complaints.  This topic was … Continue reading

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LAW AND DISORDER: The EEOC Attacks Employer Use of Criminal Convictions in the Hiring Process

Posted on September 25, 2013 in Compliance, Employment Litigation

  On June 11, 2013, the EEOC sued Dollar General and BMW for barring from employment persons who have been convicted of certain crimes.  The EEOC argues in these cases and other suits that a policy barring persons from employment … Continue reading

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The New Form I-9: The government tries to make things easier… as if

Posted on May 1, 2013 in Compliance, Consulting

Clarity and brevity have never been the hallmark of government forms.  Instead, the government typically produces forms that seem longer than necessary.  Welcome the new and (perhaps) improved I-9 form that all employers will be required to utilize as of … Continue reading

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BEST EMPLOYMENT PRACTICES FOR THE NEW YEAR: What to start doing, stop doing, and continue doing.

Posted on January 8, 2013 in Compliance, Consulting

At this time of year, I reflect about how I can improve my business, my health, and my personal life by focusing not only on my positive habits but also on how best to modify unsuccessful routines. Drawing upon my personal practices, … Continue reading

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Avoiding Big Brother: Keeping the DOL Away

Posted on July 11, 2012 in Compliance, Consulting

The Department of Labor can and will show up at your business unannounced.  Most often, a disgruntled current or former employee spurs the audit with a phone call.  That call nearly always leads to either a letter announcing the audit … Continue reading

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