Bringing You More News Stories in a Shorter Format!
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What You Don't Know CAN Hurt You (& the Company)
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Aesop's
fable
of "The Monkey and the Cat" might be a good lesson learned. Don't let others use you to get what they want. Also, it serves as a good example of why HR professionals are always asking for documentation! In a
recent case
,
Oregon's highest court found an employer could be liable for unlawful retaliation. Why? Because the manager fired an employee based on feedback from the employee's supervisors without conducting an independent investigation. The court found the supervisors' recommendation for discharge was biased and based on a retaliatory motive.
If you missed FiveL Company's July webcast, "
Workplace Retaliation: #1 Times 9
"
click here
to access the recorded version. $25 per person and still provides 1.25 HRCI and SHRM credits.
Until then, click below for the rest of the story, tips for managers and HR Pros!
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What Goes 'Round Comes 'Round
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Many and perhaps most employers use a practice of rounding time worked. For example, if an employee punches in at 8 minutes past the hour, the employer rounds that to ten minutes late. That begs the question, what increments are permissible under the Fair Labor Standards Act (FLSA)? The U.S. Department of Labor (DOL) issued an
opinion letter
on July 1, 2019 answering that question.
The letter advises that rounding in increments of as much as one-half hour may be permissible. A key is ensuring the rounding policy or practice is neutral on its face. Also, it should not “result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked.”
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Legislators Use Carrots Not Sticks
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On April 23, 2019 the Governor of Tennessee signed and enacted an expansion of the state's
anti-bullying law
. The law now applies to private sector employers. I find this law unique from other states' attempts at anti-bullying legislation because it is not a mandate. It is a safe harbor.
If an employer adopts a
model policy
or creates a similar policy, then the employer is immune from suit for any employee's abusive conduct that results in negligent or intentional infliction of mental anguish. Interestingly, it does not protect an employee who engages in such conduct from personal liability. I believe that's called accountability.
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What's in a name? Comedian
Bill Engvall, Jr
. of the Blue Collar Comedy Tour has plenty of content tied to this saying. It's about the labels we slap on people.
Look at our workplaces. Does one day go by that you do not hear the resounding slap of a label? The boss is a bully. A coworker is arrogant. The customer is demanding. And, those are the best versions of label slapping. The bad ones end up in the headlines.
- An employee's coworkers call her "Mom" and "Mommy." The court finds in her favor on claims of hostile work environment and retaliation under the Age Discrimination in Employment Act (ADEA).
- Another employee is described as a "stupid Egyptian." He sues alleging discrimination in violation of Title VII and the appellate court finds in his favor.
- Another employee, who is a Vietnam era veteran with PTSD (unknown to his coworkers) is given the nickname "Psycho." The court finds in his favor on an Americans with Disabilities Act (ADA) discrimination claim.
What can you do? Click the link below to read a more personal side to this story and for some practical tips, including the three D's of Bystander Intervention.
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In its 2nd Edition!
A SHRMStore "
Great 8" Best-Seller
8 Years in a Row
!
Thank
YOU
!
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Upcoming Events, Seminars & Presentations
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- Wednesday, August 21st, "Got Pot? Marijuana in the Workplace & Substance Testing," presented at the AICC Southeast Region Summit, Jacksonville, FL
- Wednesday, August 28th - "Social Media & Today's Workplace," FiveL Company's monthly webcast series, 10 - 11:15 am EDT
- Tuesday, September 17th, "Got Pot? Marijuana in the Workplace & Substance Testing," presented at AICC's Annual conference, Toronto, Canada
- Wednesday, September 18th, "Top Ten Trends Impacting Employment Practices," presented at AICC Annual Conference, Toronto, Canada
- Thursday, ,September 26th, "Hot Legal Topics & Updates," presented for the FC SHRM Chapter, 11:30 - 1:00, Frederick, MD
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This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter.
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