Category Archives: Compliance

Coaching versus Discipline

Posted on June 26, 2019 in Compliance

Balancing coaching and discipline is a challenge in the workplace. I thought about this recently during a trip to Cooperstown, New York, home of the Baseball Hall of Fame and week-long summer baseball tournaments. My son played on his team … Continue reading

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Navigating Age Discrimination Claims

Posted on April 16, 2019 in Compliance, Consulting

Age discrimination occupied my thoughts recently since turning 50 last month. I remember one of the first cases I worked on with my mentor in the practice of law. Man in his mid-40s claimed age discrimination against his Fortune 100 … Continue reading

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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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